BCC Minutes 11/13/2007 R
November 13, 2007
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, November 13, 2007
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: Jim Coletta
Torn Henning
Frank Halas
Fred W. Coyle
Donna Fiala
ALSO PRESENT:
Jim Mudd, County Manager
David Weigel, County Attorney
Derek Johnssen, Office of the Clerk of Court
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
November 13,2007
9:00 AM
Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman
Tom Henning, BCC Vice-Chairman, District 3
Donna Fiala, BCC Commissioner, District 1; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC 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. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, 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."
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November 13,2007
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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 VERBA TIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. October 10,2007 - BCC/PUD Audit Workshop
C. October II, 2007 - BCC/LDC Meeting
D. October 12,2007 - Value Adjustment Board Regular Meeting
E. October 16, 2007 - BCC/LDC Special Meeting
F. October 17,2007 - Value Adjustment Board Special Magistrate
G. October 18,2007 - Value Adjustment Board Special Magistrate
H. October 19,2007 - Value Adjustment Board Special Magistrate Meeting
with Special Magistrate Bush
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I. October 19, 2007 - Value Adjustment Board Special Magistrate Meeting
with Special Magistrate Pelletier
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMA TlONS
A. Proclamation for the Collier County Medical Society. To be accepted by
Michael G. Caputo, MD
B. Proclamation for Farm-City Week to be accepted by: Bart Zino, BBQ Co-
Chair and Cecil and Rita Howell.
C. Proclamation for America Recycles Day in Collier County to be received by
Dan Rodriguez, Director, Solid Waste and John Y onkosky, Director, Utility
Billing and Customer Service.
D. Proclamation for National Hunger and Homelessness Awareness Week to be
accepted by Vann Ellison, Chairman of the Collier County Hunger and
Homeless Coalition.
E. Proclamation for Naples Unchained Day to be accepted by Lisa Boet,
Founder and President of Naples Originals.
5. PRESENT A TlONS
A. Contractor Presentation - Collier County Emergency Services Center;
Project 52160; Kraft Construction CM at Risk Contract
6. PUBLIC PETITIONS
A. Public petition request to discuss Code Enforcement Order to demolish
home at 1318 South Pear Street, Immokalee.
B. Public Petition request from Pastor William A. Kirlew to seek an impact fee
credi t.
C. Public Petition request from Susan L. Thompson to discuss the amended
Willow West Stormwater Improvement Project.
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November 13, 2007
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D. Public Petition request from William L. Klohn to address recommendation
of the Affordable Housing Commission.
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 by Commission members. PUDA-2007-AR-11283
(NG) Wing South, Inc., represented by Heidi Williams, AICP of Q. Grady
Minor and Associates, P.A., requesting an amendment of the ShadowWood
Planned Unit Development (PUD) Ordinance No. 82-49 to increase the
number of single family dwelling units from 11 units to a maximum of 16
units by increasing the Single Family Residential (Tract B) from 3.7 acres to
5.68 acres and reducing the acreage of the Private Air Park district (Tract C)
from 37.8 acres to 35.82 acres. The subject property is located along the
north side of Rattlesnake-Hammock Road, approximately one mile west of
Collier Boulevard (CR 951), northeast of the intersection of Rattlesnake-
Hammock Road and Skyway Drive, in Section 16, Township 50 South,
Range 26 East, Collier County, Florida.
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-A-2006-AR-
9374 Naples Reserve, LLC, represented by Dwight Nadeau, of RWA, Inc.,
and Richard D. Yovanovich, of Goodlette, Coleman & Johnson, P.A.
requesting a rezone from a Planned Unit Development (PUD) to a
Residential Planned Unit Development (RPUD) for a project known as the
Naples Reserve Golf Club RPUD in order to add 602 units to the previously
approved maximum of 552 units, for a total of 1154 residential units,
eliminating the commercial acreage and 18 holes of the 36 hole golf course.
The subject property, consisting of 688.1 acres, is located one mile north of
US 41 and 1 1/2 miles east of CR 951 at 10097 Greenway Road, in Section
I, Township 51 South, Range 26 East, Collier County, Florida. (Companion
to Item 10C)
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDA-2006-AR-
10333, Stock Development LLC, represented by Richard D.Yovanovich of
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Goodlette, Coleman and Johnson, P.A., is requesting an amendment to the
Lely, A Resort Community PUD to affect Phase 1 Tract 4 only. The
amendment proposes a strike thru and underline of the existing PUD
document to (1) amend Section 2.07: Permitted Variations of Dwelling Units
- to exceed a variation of20 percent of unit types, and (2) amend Section
5.02: Permitted Uses and Structures, to add up to 175 residential dwelling
units, C-2 and C-3 uses, in order to (3) provide for a mixed-use project. The
subject property is located at the intersection of Triangle Boulevard and
Tamiami Trail (US 41), in Section 34, Township 50, Range 26, Naples,
Collier County, Florida.
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: PUDZ-2006-
AR-9577 Page VI, LLC, represented by Tim Hancock, AICP of Davidson
Engineering, Inc., is requesting a Planned Unity Development (PUD)
Rezone for the Della Rosa RPUD. The rezoning request is to rezone from
Rural Agriculture (A) and Special Treatment (ST) Overlay zoning district to
the Residential Planned Unit Development (RPUD) zoning district. The
proposed RPUD is located within the Urban Mixed Use District which
allows for a base residential density of 4 units an acre and the Growth
Management Plan (GMP) infill provision allows for a maximum of three (3)
additional units an acre. The RPUD proposes a density of up to seven (7)
units an acre, for a total maximum of 107 multi-family residential dwelling
units. The subject property consist of 15.38 acres and is located on the east
side of Livingston Road, approximately 2 miles north of Immokalee Rd, in
Section 13, Township 48 South, Range 25 East, Collier County, Florida.
9. BOARD OF COUNTY COMMISSIONERS
A. Discussion by the Board members to consider delaying the increase in
impact fees for approximately 6 months from January 2008. This request
originates from correspondence received November 2, 2007 from The
Greater Naples Chamber of Commerce President, Michael Reagen. The
delay may benefit the current struggling building industry and provide
incentive for the county's economy. (Commissioner Tom Henning)
B. Appointment of member to the Environmental Advisory Council.
C. Recommendation to declare 2 vacancies on the Immokalee Master Plan and
Visioning Committee.
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November 13, 2007
D. Confirmation of appointment to the Collier County Planning Commission.
E. Appointment of member to the Parks and Recreation Advisory Board.
F. Board discussion regarding Commissioner Henning's resignation from the
Canvassing Board of the Special Election.
G. This item to be heard at 10:00 a.m. To initiate a discussion with the Board
to get further direction and clarification regarding the County Attorney
Recruitment Service Contract.
10. COUNTY MANAGER'S REPORT
A. Recommendation to award Bid No. 07-4187 to D.N. Higgins, Inc., for the
purchase and installation oftwo sand separator units for the North and South
County Regional Water Treatment Plants (NCRWTP and SCRWTP) in the
base bid amount of $1 ,442,800 and to approve the necessary Budget
Amendment, Project 71052. (Oscar Martinez, Sf. Project Manager, Public
Utilities)
B. Recommendation to adopt a resolution authorizing the acquisition by gift or
purchase ofright-of-way and related easements necessary for the
construction of roadway, drainage and utility improvements required for the
expansion of Collier Boulevard from the Golden Gate Main Canal to Golden
Gate Boulevard and portions east on White Boulevard and west on Pine
Ridge Road. Project No. 68056. Estimated fiscal impact: $8,927,000.00.
(Jay Ahmad, Transportation/ECM Director)
C. Recommendation to approve a Developers Contribution Agreement (DCA)
between Naples Reserve, LLC, Kite Eagle Creek II, LLC, KRG Eagle Creek
IV, LLC, KRG 951 & 4], LLC, Tousa Homes, Inc., Naples Golf
Development, LLC, ABC Liquors, Inc., Naples South, LLC, NBC RV, LLC,
NBC Land Holdings, LLC, Naples Big Cypress Market Place Limited
Partnership, LLLP, Southern Development Company, Inc., RealtyNet Real
Estate, LLC, Habitat for Humanity of Collier County, Inc., and MCKK
Property Acquisitions, LLC (The Developers) and Collier County to
construct improvements to the intersection of US41 with SR-CR951 and to
construct a four lane road from this intersection continuing east on US41 for
approximately two miles. (Companion to Item 8D) (Nick Casalanguida,
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Transportation/Planning Director and JeffKlatzkow, Assistant County
Attorney)
D. Recommendation that the Board of County Commissioners provide direction
to the County Attorney and the County Manager, or his designee, related to
desired changes to the Charitable Organization Impact Fee Deferral Program
(Amy Patterson, Impact Fee/EDC Manager, Community Development &
Environmental Services Division)
E. Recommendation to approve a Professional Services Agreement with HDR
Engineering Inc., in the amount of$I,497,100.00 pursuant to RFP #07-4144
for engineering design and construction oversight services related to the
construction of the North County Regional Water Treatment Plant 2-MGD
Reverse Osmosis Expansion, Project Number 710022. (Tom Chmelik, Sf.
Project Manager, Public Utilities)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board of County Commissioners consider
adoption of a Resolution Superseding Resolution No. 98-498 Establishing a
Uniform Policy Imposing Fees for the Inspection, Examination and
Duplication of Public Records Pursuant to Section 119.07, Florida Statutes.
B. This item to be heard at 4:00 p.m. Recommendation that the Board of
County Commissioners approve a request from Mayor Hamilton and Ivey
House of Everglades City for a Festival/Camping Permit to allow for a
two-day camping and tourism event in the vicinity of Everglades City from
December 16 17, 2007.
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 approve final acceptance of the water and utility
facilities for Andalucia.
2) To accept final and unconditional conveyance of the water utility
facility for The Meadows at Quail Creek.
3) Recommendation to approve final acceptance of the water and sewer
utility facilities for Indigo Preserve.
4) Recommendation to approve final acceptance of the sewer utility
facility for Regency Autohaus.
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Heritage Bay Road and Sales Trailer
6) Recommendation to approve final acceptance of the water and sewer
utility facilities for Gusto Bella Vita.
7) Recommendation to approve final acceptance of the water and sewer
utility facilities for Santorini Villas.
8) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearinl!: be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Sandalwood, approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
9) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions.
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10) Recommendation that the Board of County Commissioners approve
the replacement of an existing Subordination Acknowledgement for a
lien held by Collier County pursuant to Collier County Ordinance No.
2003-61 due to a change in lendef.
11) Recommendation that the Board of County Commissioners approve
an impact fee reimbursement for Davis Crossings VIII, LLC totaling
$302,326.84, due to the overpayment of Transportation Impact Fees
12) The petitioner, Irvine Dubow, is requesting approval of an Access
Agreement to permit a 5.7-foot wide (tapering to 0.5 feet)
encroachment into a ten-foot drainage easement in order to rebuild a
screen cage enclosure for property located at 5901 Almaden Drive,
described as the Vineyards Sonoma Lake subdivision, Unit 1, Lot 26,
in Section 8, Township 49 South, Range 26 East, Collier County,
Florida.
B. TRANSPORTATION SERVICES
1) Recommendation to approve Change Order #4 to add $726,246.00 for
continuing Inspection Services for Aim Engineering & Surveying,
Inc. under ITN 04-3583 CEI Services for Collier County Road
Projects for Project No. 63051 Vanderbilt Beach Road from Airport
Road to Collier Boulevard.
2) Recommendation to Approve the purchase of 2.5 acres of improved
property (Parcel No. 199) of which approximately 0.379 acres is
required for the construction of the Vanderbilt Beach Road Extension
Project No. 60168 (Fiscal Impact: $406,600.00)
3) Recommendation to approve a Resolution which authorizes the
Chairman to execute Amendment No. 1 to Florida Department of
Transportation Joint Project Agreement FM #] 95403-2, increasing the
funding available for Ethernet conversion and extending the project
deadline to June 30, 2008.
4) Recommendation to approve release of 50% of retain age in exchange
for dismissal with prejudice of the claim for retainage plus accrued
interest and costs filed in the lawsuit entitled John Carlo, Inc., vs.
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November 13,2007
Collier County, Florida, Case No. 07-2797-CA.
5) Recommendation to award Bid No. 08-5000, Victoria Park West
Stormwater Outfall Improvements to Mitchell & Stark Construction
Co. Inc. in the amount of$427,310.00; Project 511371.
6) Recommendation to approve a design modification to the interchange
of 1-75 and Immokalee Road.
7) Recommendation to adopt a Resolution and approve submittal of a
Highway Beautification Grant to the State of Florida Highway
Beautification Council for landscaping on 951 (Manatee Road to
Mainsail Drive) in unincorporated Collier County.
C. PUBLIC UTILITIES
1) Recommendation to approve as ex-officio the governing Board of the
Collier County Water-Sewer, to subordinate its utility easement rights
along U.S. 41, Section No. 03010-2542, to Florida Department of
Transportation for purposes of road construction.
2) Recommendation to Award Bid # 07-4191 Annual Contract for
Emergency & Scheduled Sewage Hauling to Southern Sanitation, Inc.
in the Estimated Amount of$70,000
3) Recommendation to approve a budget amendment to transfer funds in
the amount of $900,000 from East Central Water Reclamation Facility
Project to the Northeast Irrigation Quality Pipeline Project, to fund a
subsequent change order # 08 to Transportation contracts with AP AC
Southeast, Inc. # 02-3419 Immokalee Road Six Lane Widening from
CR95 I to 43rd Avenue NE and Johnson Engineering contract 04 -
3583 Professional CEI Services for Immokalee Road Six Lane
Widening from CR951 to 43rd Avenue NE to install 9,720 linear feet
of Irrigation Quality pipe from Collier Boulevard to the east along
Immokalee Road, Project 74311.
4) Recommendation to approve a Commercial Demand Reduction Rider
(CDR) Agreement with Florida Power & Light Company (FP&L) for
the electrical service to the South County Regional Water Treatment
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Plant (SCRWTP) reverse osmosis treatment system for a potential
annual savings of more than $70,000.
5) Recommendation to approve of the purchase and installation of four
Allen-Bradley Variable Frequency Drives in the amount of
$464,585.00 for the Carica Pump Station VFD and Electrical System
Upgrades, Project Number 710601.
6) Recommendation to award Bid No. 08-50 I 0 to JWC Environmental
for the purchase of two replacement channel screen systems at the
South County Water Reclamation Facility in an amount not to exceed
$370,250.00 under Project No. 73969.
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Marco Bay
Homes, LLC (BUILDER) and Collier County Housing Development
Corporation (DEVELOPER) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Parcel 73 East, Copeland.
2) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 131, Trail Ridge.
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 132, Trail Ridge.
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 133, Trail Ridge.
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5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 134, Trail Ridge.
6) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 135, Trail Ridge.
7) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 136, Trail Ridge.
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 137, Trail Ridge.
9) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 138, Trail Ridge.
10) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 155, Trail Ridge.
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
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Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 156, Trail Ridge.
12) Recommendation to approve Change Order No. I in the amount of
$85,900 for additional design services for Big Corkscrew Island
Regional Park (a/k/a Orangetree Regional Park) under Work Order
No. WMI-FT-3290-06-03 to Wilson Miller.
13) To present to the Board of County Commissioners a summary ofthe
Impact Fee Deferral Agreements recommended for approval in FY08,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
FY08.
14) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Lennar
Homes LLC (Developers) for deferral of 100% of Collier County
impact fees for an 8 unit owner-occupied affordable multi-family
housing units located in a parcel of land in Section 23, Township 48
South, Range 26 East Collier County, Tract E, Heritage Bay
Commons (9055 Gervais Circle) and authorizes a reimbursement of
the fees paid by the developer on Building Permit 2007041638 in the
amount of $146,064.64.
15) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Lennar
Homes LLC (Developers) for deferral of 100% of Collier County
impact fees for a 10 unit owner-occupied affordable multi-family
housing units located in a parcel of land in Section 23, Township 48
South, Range 26 East Collier County, Tract E, Heritage Bay
Commons (9051 Gervais Circle) and authorizes a reimbursement of
the fees paid by the developer on Building Permit 2007061061 in the
amount of $184,888.18.
16) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Leonardo
Diaz Paret and Riselda Diaz Lujan (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 117, Trail Ridge.
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November 13,2007
17) Recommendation to approve and authorize the chairman to sign an
agreement between Collier County Parks and Recreation and the
Early Learning Coalition and to authorize the Director of Parks and
Recreation to sign in subsequent years.
18) Recommendation to approve the submittal of the attached University
of Florida Family Nutrition Program grant in the amount of$208,895
to provide nutrition education throughout Collier County.
19) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement and Tri-Party
agreement with Crestview Park II, Ltd. (Developer) for deferral of
100% of Collier County impact fees, in the amount of $1 ,208,596.45,
for a 96 unit multi-family affordable rental housing project located at
Crestview Park Apartments, Phase II.
20) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Dezilia
Vital (Owner) for deferral of 100% of Collier County impact fees for
an owner-occupied affordable housing unit located at Lot 19, Trail
Ridge.
21) Recommendation to approve Conveyance Agreement with the School
District of Collier County Florida and the Board of County
Commissioners for construction of a utility building and chiller plant
for the Immokalee Career Center (ICC).
22) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Fresnel
Gabriel and Solange Gabriel (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 125, Trail Ridge.
23) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Vivian
Alonso (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 127,
Trail Ridge.
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November 13, 2007
24) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Lennar
Homes LLC (Developer) for deferral of 100% of Collier County
impact fees for an 8 unit owner-occupied affordable multi-family
housing units located in a parcel ofland in Section 23, Township 48
South, Range 26 East Collier County, Tract E, Heritage Bay
Commons (9059 Gervais Circle).
25) This item was continued from the October 23. 2007 BCC Meetine:.
Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Subrecipient Agreement
providing Disaster Recovery Initiative(DRI) funding in the amount of
$415,000.00 to One by One Leadership Foundation for infill in order
to support the construction of housing units.
26) This item was continued from the October 23. 2007 BCC Meetine:.
Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Subrecipient Agreement
providing Disaster Recovery Initiative(DRI) funding in the amount of
$293,934.00 to St. Matthews House, Inc. for hurricane hardening of
its sheltef.
27) This item was continued from the October 23. 2007 BCC Meetine:.
Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Subrecipient Agreement
providing for a $442,000 State Housing Initiative Program (SHIP)
loan to Eden Gardens Apartments, Limited Partnership, A Florida
Limited Partnership to assist in funding the construction of a 55 unit,
multi-family rental housing complex for legal migrant and seasonal
farm workers in Immokalee.
28) This item was continued from the October 23. 2007 BCC Meetine:.
Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Home Investment Partnership
Program (HOME) Subrecipient Agreement with Big Cypress Housing
Corporation providing for a grant in the total amount of $250,000.00
for the construction and/or installation of fire sprinklers for a 55-unit,
multi-family rental housing complex (The Reserve at Eden Gardens)
for legal migrant and seasonal farm workers in Immokalee.
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29) This item was continued from the October 23, 2007 BCC Meetinl!:.
Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Subrecipient Agreement
providing a Community Development Block Grant in the amount of
$250,000 to Fun Time Early Childhood Academy, Inc., for site
development in preparation for construction of a new Fun Time Early
Childhood Academy within the George Washington Carver and River
Park communities in the City of Naples.
30) This item was continued from the October 23, 2007 BCC Meetinl!:.
Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Subrecipient Agreement
providing Disaster Recovery Initiative(DRI) funding in the amount of
$664,000.00 to Immokalee Non-Profit Housing, Inc., for hurricane
hardening to the Sanders Pines and Timber Ridge rental apartment
complexes in Immokalee.
31) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Marco Bay
Homes, LLC (BUILDER) and CDJ Investments, LLC
(DEVELOPER) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at West 75 of
the East 150 of Tract 23, Unit 47, Golden Gate Estates.
32) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Marco Bay
Homes, LLC (BUILDER) and CDJ Investments, LLC
(DEVELOPER) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at East 75 of
the East 150 of Tract 40, Unit 79, Golden Gate Estates.
33) This item was continued from the October 23, 2007 BCC Meetinl!:.
Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Subrecipient Agreement
providing Disaster Recovery Initiative (DRI) funding in the amount of
$374,545.00 to The Empowerment Alliance of Southwest Florida,
Inc., for infrastructure to support construction of 15 single-family
homes in Immokalee, to be known as Hatchers Preserve, intended for
low income, first time homebuyers and families displaced by
Hurricane Wilma.
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November 13,2007
I
34) This item continued from the October 23, 2007 BCC Meetinl!:.
Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Subrecipient Agreement
providing a Community Development Block Grant in the amount of
$116,079.00 to the City of Naples to fund improvements to the
George Washington Carver and River Park communities and the Fun
Time Early Childhood Academy.
35) This item was continued from the October 23, 2007 BCC Meetinl!:.
Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Subrecipient Agreement
providing a Community Development Block Grant in the amount of
$1,000,000 to Habitat for Humanity of Collier County, Inc., for
installation of infrastructure to support 204 home sites for Kaicasa
Phase I in Immokalee.
36) This item was continued from the October 23, 2007 BCC Meetinl!:.
Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Subrecipient Agreement
providing Disaster Recovery Initiative (DRI) funding in the amount of
$124,923.00 to the Collier County Housing Development Corporation
for purchase and installation of two back-up generators for the sewer
lift station and the water treatment plant in Copeland.
37) Recommendation to approve a Domestic Animal Services Donation
Trust Fund Budget Amendment in the amount of $8,600 to Recognize
Carryforward Revenues from FY2007
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve a Lease Agreement with Palm Lake
Investments for the State of Floridas Conflict Resolution Office with a
first years rent of $32, 190.
2) Recommendation to approve the entry into a Lease Agreement for the
existing Confined Space Gas Monitor System Countywide that will
result in a savings of approximately $27,212.64 to the County, as
compared to current program costs.
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November 13, 2007
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3) Recommendation to approve a Hazard Mitigation Grant Program
(HMGP) agreement between the State of Florida Division of
Emergency Management and the County for a Multi-Structure Shutter
Project and approve the associated budget amendment.
4) Recommendation to amend the previously approved carry forward
budget amendment to recognize $555,035.85 in funds appropriated
and encumbered for the purchase of three ambulances ordered, but not
received in the 2007 fiscal yeaf.
5) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
6) Recommendation to authorize the conveyance of an Easement to
Florida Power and Light Company (FPL) for the installation of
electric facilities to provide electric service for the Emergency
Services Center and the South Regional Library located on Lely
Cultural Parkway, at a cost not to exceed $27.00, Projects 52160-3
and 54003-1.
F. COUNTY MANAGER
1) That The Board Of County Commissioners Of Collier County,
Florida, As The Governing Board of Isles of Capri Municipal Rescue
and Fire Services Taxing District, adopt a Resolution accepting a
donation of a 25-Foot Boston Whaler Challenger with Trailer from
Capri Fire And Marine Rescue Benefactors Inc., a Nonprofit 50Ic3
Corporation, as a Valid Public Purpose.
2) Recommendation to approve the necessary budget amendment in the
amount of $58,000 to purchase equipment to outfit fire apparatus.
3) That the Board of County Commissioners, as the Governing Board of
the Ochopee Fire Control District. adopt a Resolution accepting a
donation in the amount of $9,0 14.31, and any subsequent
distributions, from the Estate and/or Trust of Della E. Reynolds on
behalf of the Ochopee Fire Control District.
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November 13, 2007
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4) Recommendation to adopt a resolution approving budget amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2006-07 Adopted Budget.
5) Recommendation to adopt a Resolution authorizing the borrowing of
an amount not to exceed $1,323,000, from the Pooled Commercial
Paper Loan Program of the Florida Local Government Finance
Commission pursuant to the loan agreement between the Board of
County Commissioners and the Commission in order to finance the
purchase of a radio location system; authorizing the execution of a
loan note or notes to evidence such borrowing; agreeing to secure
such loan note or notes with a covenant to budget and appropriate
legally available non-ad valorem revenues as provided in the loan
agreement; authorizing the execution and delivery of such other
documents as may be necessary to effect such borrowing; and
providing an effective date.
6) Recommendation to adopt a Resolution authorizing the borrowing of
an amount not to exceed $4,509,000 from the Pooled Commercial
Paper Loan Program of the Florida Local Government Finance
Commission pursuant to the loan agreement between the Board of
County Commissioners and the Commission in order to finance the
upgrade to the 800 MHz Radio System; authorizing the execution of a
loan note or notes to evidence such borrowing; agreeing to secure
such loan note or notes with a covenant to budget and appropriate
legally available non-ad valorem revenues as provided in the loan
agreement; authorizing the execution and delivery of such other
documents as may be necessary to effect such borrowing; and
providing an effective date.
7) Recommendation to adopt a Resolution authorizing the borrowing of
an amount not to exceed $2,642,000 from the Pooled Commercial
Paper Loan Program of the Florida Local Government Finance
Commission pursuant to the loan agreement between the Board of
County Commissioners and the Commission in order to finance the
construction of the Collier County Fleet Facility; authorizing the
execution of a loan note or notes to evidence such borrowing;
agreeing to secure such loan note or notes with a covenant to budget
and appropriate legally available non-ad valorem revenues as
provided in the loan agreement; authorizing the execution and
Page 19
November 13, 2007
delivery of such other documents as may be necessary to effect such
borrowing; and providing an effective date.
8) Recommendation to adopt a Resolution authorizing the borrowing of
an amount not to exceed $4,693,000 from the Pooled Commercial
Paper Loan Program of the Florida Local Government Finance
Commission pursuant to the loan agreement between the Board of
County Commissioners and the Commission in order to finance the
construction ofthe Golden Gate Library Expansion; authorizing the
execution of a loan note or notes to evidence such borrowing;
agreeing to secure such loan note or notes with a covenant to budget
and appropriate legally available non-ad valorem revenues as
provided in the loan agreement; authorizing the execution and
delivery of such other documents as may be necessary to effect such
borrowing; and providing an effective date.
9) Recommendation to officially approve Collier County's 2008 State
Legislative Priorities and direct the Commission Chairman to present
them to the Collier County Legislative Delegation on November 28,
and direct the County Manager to provide them to the county's state
lobbyist who will represent the county's interests in Tallahassee
through the 2008 Legislative Session.
10) Recommendation to the Board of County Commissioners to authorize
the preparation of a Capital Improvement Plan for the Immokalee
Urban Designated Area. (Companion Item to 16G I and to be
considered following action on Item 16G I)
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To obtain Community Redevelopment Agency approval of the
recommendation of the Immokalee Master Plan and Visioning
Committee and Immokalee Local Redevelopment Advisory Board to
authorize the preparation of a capital improvement Plan (Companion
to Item 16F10)
H. BOARD OF COUNTY COMMISSIONERS
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November 13, 2007
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1) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend The
Friends of the Library's 50th Anniversary Gala Celebration on Friday,
November 30th and Sunday, December 2,2007, at the Collier County
Library Headquarters; $200.00 to be paid from Commissioner Fiala's
travel budget.
2) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the 20th
Anniversary Celebration & Conference of Dawn Litchfield and
Dennis Nelson on Wednesday, November 7, 2007, at the Naples
Beach Hotel; $50.00 to be paid from Commissioner Fiala's travel
budget.
3) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
League of Women Voters of Collier County October Luncheon on
Monday, October 15,2007, at the Collier Athletic Club; $20.00 to be
paid from Commissioner Fiala's travel budget.
4) Commissioner Fiala requests Board approval for reimbursement for a
function serving a valid public purpose. Will attend The Salvation
Army's Red Kettle Campaign 2007 Luncheon on Friday, November
16,2007, at The Vineyards Country Club; $35.00 to be paid from
Commissioner Fiala's travel budget.
5) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
EDC Pre-Legislative Lunch on Wednesday, November 28,2007 at the
Club at the Strand; $40.00 to be paid from Commissioner Fiala's
travel budget.
6) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
Collier Citizen of the Year 2007 Dinner on Thursday, November 15,
2007, at the Elks Lodge; $35.00 to be paid from Commissioner Fiala's
travel budget.
7) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
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November 13, 2007
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United Arts Council Celebrate the Arts Month Kick off Party on
Saturday, November 10,2007, at the Club at Naples Bay Resort;
$50.00 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. Will attend the
2007 Living Christmas Trees on Thursday, December 6,2007, at the
First Baptist Church Naples; $7.50 to be paid from Commissioner
Fiala's travel budget.
9) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the National Multiple Sclerosis Society (NMSS) Naples
Holiday Part on December 1 I, 2007 at the Glades Country Club.
$18.95 to be paid from Commissioner Coletta's travel budget.
10) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose. Will
attend the EDC Pre-Legislative Lunch on Wednesday, November 28,
2007 at the Club at the Strand; $40.00 to be paid from Commissioner
Coletta's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Request that the Board of County Commissioners Consider the
Adoption of an Ordinance to Regulate Security of Certain
Convenience Store Businesses to Protect the Physical Security of
Convenience Business Retail Employees and Individuals who
Patronize such Businesses.
2) To obtain Board approval for disbursements for the period of
September 29, 2007 through October 05, 2007 and for submission into
the official records of the Board.
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November 13, 2007
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3) To obtain Board approval for disbursements for the period of October
06, 2007 through October 12, 2007 and for submission into the
official records of the Board.
4) To obtain Board approval for disbursements for the period of October
13,2007 through October 19,2007 and for submission into the
official records of the Board.
5) To obtain Board approval for disbursements for the period of October
20, 2007 through October 26, 2007 and for submission into the
official records of the Board.
6) To obtain Board approval for disbursements for the period of October
27,2007 through November 2,2007 and for submission into the
official records of the Board.
7) Request that the Board of County Commissioners accepts and
approves capital asset disposition records for time period October I,
2006 through September 30, 2007.
8) Recommend that the Collier County Commission endorse the United
States Department of Justice/Department of Treasury Federal
Equitable Sharing Annual Certification Report.
9) Recommendation to approve an Interlocal Agreement for Election
Services between the City of Everglades, Collier County Board of
County Commissioners and the Collier County Supervisor of
Elections to provide services and voting equipment to be used by the
City of Everglades for its election to be held on November 27, 2007,
and for authorization for the Chairman of the Board of County
Commissioners to sign.
10) Recommend that the Board of County Commissioners approve the use
of Confiscated Trust Funds for Drug Abuse Education and Prevention.
11) Recommendation to Approve a Budget Amendment providing
$37,000 for the Clerk of Courts to provide Accounting/Financial
Services for the Supervisor of Elections in FY 08.
K. COUNTY ATTORNEY
Page 23
November 13,2007
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1) Recommendation for the Board of County Commissioners to Approve
Amendment No.1 to the Retention Agreement with the Law Firm of
Garvin & Tripp, P.A. and ratify prior payments made under the
original Agreement to Garvin & Tripp, P.A. for paralegal services.
2) Recommendation to approve a Stipulated Final Judgment in the
amount of $29,600.00 for the acquisition of Parcel 739 in the lawsuit
styled Collier County v. First National Bank of Naples, Inc., et aI.,
Case No. 04-3587-CA (Immokalee Road Project No. 66042). Fiscal
Impact: $61,454.70.
3) Recommendation that the Board of County Commissioners authorize
the County Attorney's Office to make a business damage counteroffer
to settle a claim for business damages by Santa Barbara Fuels, Inc.
associated with the acquisition of Parcels 104 and 604 in the lawsuit
styled Collier County v. Highland Properties of Lee and Collier
Limited, et aI., Case No. 06-0563-CA (Santa Barbara Boulevard
Project #62081). (Fiscal Impact: $70,000.00, if accepted).
4) Recommendation to Approve an Agreed Order for Payment of Expert
Fees and Costs in Connection with Parcels 720, 820A, 820B and 920
in the Lawsuit Styled Collier County v. Elhanon Combs, et aI., Case
No. 03-2352-CA (Golden Gate Parkway, Project #60027) Fiscal
Impact: $27,500.00.
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.
Page 24
November 13, 2007
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A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2007-AR- 11778
(JDM) Gene Silguero of GMC Home Builders, representing himself,
requesting an after-the-fact Variance from the required minimum 25-foot
front yard setback for the Residential Multifamily - 6 (RMF-6) Zoning
District as provided for in Section 4.02.01.A. Table 2.1 of the LDC. The
0.34 acre site contains a single-family dwelling that is currently under
construction and has a 23-foot, 9-inch front yard setback. The subject
property is a corner lot located at 505 Madison Avenue, northwest of the
intersection with Glades Street, New Market Subdivision, Lot 6, Block 19,
Section 33, Township 46 South, Range 29 East, Immokalee, Collier County,
Florida.
B. Recommendation that Board of County Commissioners approve an
ordinance amending Section 6 of Ordinance No. 2004-62 by providing for a
two-year extension of the term of the Immokalee Master Plan and Visioning
Committee from December 3 I, 2007 to December 3 I, 2009.
C. This item to be continued to the December 4, 2007 BCC special meetinl!:
due to the continuance of this item by the Collier County PIanninl!:
Commission to their November 1, 2007 meetinl!:. CPSP-2007-7
Transmittal of the Public School Facilities Element and support document,
Growth Management Plan amendments to the Capital Improvement Element
and Intergovernmental Coordination Element and Interlocal Agreement for
Public School Facility Planning and School Concurrency to the Florida
Department of Community Affairs.
D. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. This item continued
from October 23, 2007 BCC meetinl!:. Recommendation that the Board of
County Commissioners amend Ordinance No. 2004-58 (the Collier County
Property Maintenance Code); Amending Section Four, Definitions;
Amending Section Seven, Rental Registration and Procedures; Amending
Section Nine, Inspection of Structures and Premises; Providing for Inclusion
in the Code of Laws and Ordinances; Providing for Conflict and Severability
and Providing an Effective Date.
18. ADJOURN
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November 13, 2007
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INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 26
November 13,2007
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November 13,2007
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
CHAIRMAN COLETTA: Good morning, ladies and gentlemen.
Welcome to the Collier County Board of Commissioner meeting of
November 13th.
Please stand at this time for the Pledge of Allegiance.
Commissioner Halas, would you lead us.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COLETTA: The invocation -- please remain
standing -- will be given by Jim Mudd.
MR. MUDD: Heavenly Father, we corne 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 to make the important decisions that will shape our
community's future.
We pray that you will guide 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 COLETTA: Once again, thank you for attending.
I'll ask if you have a cell phone to please put it on vibrate or turn it off
so the meeting won't be disturbed. That also goes for my fellow
commISSIOners.
And with that, we'll go to Mr. Mudd for any changes to the
agenda.
Item #2A
REGULAR CONSENT AND SUMMARY AGENDA - APPROVED
AND/OR ADOPTED WITH CHANGES
Page 2
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November 13,2007
MR. MUDD: Agenda changes, Board of County
Commissioners' meeting, November 13, 2007.
Item 8A continued to the December 11, 2007, BCC Meeting.
This item requires that participants be sworn in and ex parte disclosure
be provided by commission members. It's PUDA-2007-AR-11283,
(NG) Wing South, Inc., represented by Heidi Williams, AICP ofQ.
Grady Minor & Associates, requesting an amendment of the
ShadowWood Planned Unit Development, PUD, ordinance to --
which is number 82-49 to increase the number of single-family
dwellings from 11 units to a maximum of 16 units by increasing the
single-family residential tract B from 3.7 acres to 5.68 acres.
Again, this item is continued till December 11, 2007 BCC
meeting.
Next item is item 10e. Note that this item is a companion to item
8B rather than 8D that's stated on your agenda sheet. That
clarification's at staffs request.
The next item is item 16B3. The resolution title as shown on
page 4 of 16 should read, Resolution Number 2007 rather than
Resolution Number 2008. Again, the clarification's at staffs request.
Next item is to move item 16E1 to lOF. That's a
recommendation to approve a lease agreement with Palm Lake
Investments for the State of Florida's Conflict Resolution Office with a
first-year rent of$32,190. That item is being moved at Commissioner
Coyle's request.
Next item is to withdraw item 16H8. Commissioner Fiala
requests board approval for reimbursement of attending a function
serving a valid public purpose, will attend the 2007 Living Christmas
Tree on Thursday, December 6th. Again, this item is being withdrawn
at Commissioner Fiala's request.
Next item is to move item 1611 to 13A. That's a request that the
Board of County Commissioners consider the adoption of an
ordinance to regulate security in certain convenience store businesses
Page 3
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November 13,2007
to protect the physical security of convenience businesses, business
retail employees, and individuals who patronize such businesses. That
item is being moved at Commissioner Fiala's request.
Then we have a series of time certain items for today. Item 9A
will be heard at 11 a.m. It's a discussion by the board members to
consider delaying the increase in impact fees for approximately six
months from January, 2008.
This request originates from correspondence received November
2, 2007, from the Greater Naples Chamber of Commerce president,
Mike Reagen. The delay may benefit the current struggling building
industry and provide incentive for the county's economy. The item is
being heard at 11 a.m.
First of all, Commissioner Henning asked for the item to be on
the agenda, and the item has a time certain as requested by the board
chairman, Commissioner Coletta.
Next item is item 9G to be heard at 10 a.m. to initiate a
discussion with the board to get further direction and clarification
regarding the County Attorney's recruitment service contract.
Next item with a time certain is item 12B to be heard at four p.m.
It's a recommendation that the Board of County Commissioners
approve a request -- excuse me -- from Mayor Hamilton and Ivey
House of Everglades City for a festival/camping permit to allow for a
two-day camping and tourism event in the vicinity of Everglades City
from December 16 through the 17th, 2007.
That's all I have, Mr. Chairman, Commissioners.
CHAIRMAN COLETTA: Thank you. And at this point in time
we're going to go down the roll here on commissioners and see if there
are any changes to the agenda, any ex parte disclosure on the
summary and consent agenda, and we'll start with Commissioner
Coyle.
COMMISSIONER COYLE: Mr. Chairman, I have no additional
changes to the agenda. With respect to the consent agenda, I have
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November 13,2007
disclosures for 16A. I have received correspondence concerning the
final plat of Sandalwood, and I have no disclosures for the summary
agenda.
CHAIRMAN COLETTA: Thank you, sir.
Commissioner Halas?
COMMISSIONER HALAS: Good morning, Chairman; good
morning, Board Members.
My disclosures as far as the consent agenda, I do not have any
disclosures at all on the consent agenda. On the summary agenda,
item 17D, I've had emails in regards to this particular item. That was
some time ago, and I believe I also had some recently on the subject.
And I have no other changes to today's agenda. Thank you.
CHAIRMAN COLETTA: Thank you, Commissioner Halas.
And I, myself, Commissioner Coletta, I have nothing to declare
on the consent agenda. On the summary agenda, 17 A, I've had
meetings, correspondence, emails.andphonecalls.andon17D.I.ve
had meetings, correspondence, emails and phone calls.
In addition to that, I would like to pull item 16111, which has to
do with the clerk bookkeeping -- the clerk doing the bookkeeping for
the elections office. And I apologize for the fact that I couldn't get the
-- out sooner to the Clerk's Office and the Elections Office, but
yesterday being a holiday, it wasn't possible.
But what I'm looking for is a little more documentation. So when
that item comes up, if that could be prepared to present it so I can get a
cost comparison, that will be most helpful.
MR. MUDD: Commissioner, that will be item BB.
CHAIRMAN COLETTA: 13B?
MR. MUDD: Yes, sir.
COMMISSIONER FIALA: And that was 16?
MR. MUDD: 16111, ma'am.
CHAIRMAN COLETTA: Okay. And with that, Commissioner
Fiala?
Page 5
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November 13, 2007
COMMISSIONER FIALA: Yes. On the consent agenda, 16A8,
I've had a meeting previously, long time ago actually, and on the
summary agenda I have no disclosures.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Nothing. Absolutely nothing.
CHAIRMAN COLETTA: Okay. And with that, do I hear a
motion to approve today's agenda as amended?
COMMISSIONER HALAS: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: We have a motion by Commissioner
Halas, a second by commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 5-0.
Page 6
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AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING. 2007
November 13. 2007
Item 8A continued to the December 11. 2007 BCC meetinq: This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members. PUDA-2007-AR-11283
(NG) Wing South, Inc., represented by Heidi Williams, AICP of Q. Grady Minor and Associates,
P.A., requesting an amendment of the ShadowWood Planned Unit Development (PUD) Ordinance
No. 82-49 to increase the number of single family dwelling units from 11 units to a maximum of 16
units by increasing the Single Family Residential (Tract B) from 3.7 acres to 5.68 acres and
reducing the acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. The
subject property is located along the north side of Rattlesnake-Hammock Road, approximately
one mile west of Collier Boulevard (CR 951), northeast of the intersection of Rattlesnake-
Hammock Road and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier
County, Florida. (Petitioner's request.)
Item 10C: Note that this item is a companion to Item 8B, rather than 8D. (Staff's request.)
Item 16B3: The Resolution title as shown on page 4 of 16 should read: "Resolution No. 2007-
_" rather than Resolution No. 2008-_. (Staff's request.)
Move Item 16E1 to 10F: Recommendation to approve a Lease Agreement with Palm Lake
Investments for the State of Florida's Conflict Resolution Office with a first years rent of $32,190.
(Commissioner Coyle's request.)
Withdraw Item 16H8: Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the 2007 Living Christmas Trees
on Thursday, December 6,2007, at the First Baptist Church Naples; $7.50 to be paid from
Commissioner Fiala's travel budget. (Commissioner Fiala's request.)
Move 16J1 to 13A: Request that the Board of County Commissioners Consider the adoption of an
Ordinance to regulate security of certain convenience store businesses to protect the physical
security of convenience business retail employees and individuals who patronize such
businesses. (Commissioner Fiala's request.)
Time Certain Items:
Item 9A to be heard at 11 :00 a.m. Discussion by the Board members to consider delaying the
increase in impact fees for approximately 6 months from January, 2008. This request originates
from correspondence received November 2, 2007 from The Greater Naples Chamber of
Commerce President, Michael Reagen. The delay may benefit the current struggling building
industry and provide incentive for the county's economy. (Commissioner Henning.)
(Commissioner Coletta's request for time certain.)
Item 9G to be heard at 10:00 a.m. To initiate a discussion with the Board to get further direction
and clarification regarding the County Attorney Recruitment Service Contract.
Item 12B to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners
approve a request from Mayor Hamilton and Ivey House of Everglades City for a Festival/Camping
Permit to allow for a two-day camping and tourism event in the vicinity of Everglades City from
December 16-17, 2007.
--~- -r------
--
November 13, 2007
Items #2B, #2C, #2D, #2E, #2F, #2G, #2H and #2I
MINUTES OF OCTOBER 10, 2007 BCC/PUD AUDIT
WORKSHOP MEETING; OCTOBER 11, 2007 BCC/LDC
MEETING; OCTOBER 12, 2007 V AB REGULAR MEETING;
OCTOBER 16, 2007 BCC/LDC SPECIAL MEETING; OCTOBER
17,2007; V AB SPECIAL MAGISTRATE MEETING WITH
SPECIAL MAGISTRATE WATSON; OCTOBER 18, 2007
SPECIAL MAGISTRATE MEETING WITH SPECIAL
MAGISTRATE PELLETIER; OCTOBER 19, 2007 VAB SPECIAL
MAGISTRATE MEETING WITH SPECIAL MAGISTRATE BUSH
AND THE OCTOBER 19, 2007 SPECIAL MAGISTRATE
MEETING WITH SPECIAL MAGISTRATE PELLETIER-
APPROVED AS PRESENTED
Now, do I hear a motion to approve the October 10th BCC/PUD
Audit Workshop; the October 11 BCC/LDC Meeting; October 12th
Value Adjustment Board Regular Meeting; October 16th BCC/LDC
Special Meeting; October 17th Value Adjustment Board Special
Magistrate; October 18th Value Adjustment Board Special Magistrate;
October 19th Value Adjustment Board Special Magistrate Meeting
with Special Magistrate Bush; and the October 19th Value Adjustment
Board Special Magistrate Meeting with Special Magistrate Pelletier.
MR. MUDD: Pelletier.
COMMISSIONER HENNING: Pelletier.
CHAIRMAN COLETTA: Pelletier.
COMMISSIONER HALAS: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: We have a motion by Commissioner
Halas, a second by Commissioner Fiala.
Any discussion?
(No response.)
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November 13, 2007
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 5-0.
Service awards?
Item #4A
PROCLAMATION FOR THE COLLIER COUNTY MEDICAL
SOCIETY; ACCEPTED BY MICHAEL G. CAPUTO, MD-
ADOPTED
MR. MUDD: Commissioner, that brings us to proclamations.
There are no service awards for today.
Proclamations. The first proclamation is for the Collier County
Medical Society to be accepted by Michael G. Caputo. Dr. Michael
G. Caputo, MD.
UNIDENTIFIED SPEAKER: And we have a change too. It will
be Dr. Nicholas Calvin.
COMMISSIONER COYLE: Dr. Calvin, if you'll corne up here,
I'd read the proclamation, and then you'll have an opportunity to speak
for as long as you like. How's that? Okay.
Whereas, the Collier County Medical Society is celebrating its
50th anniversary of service to the citizens of the county; and,
Whereas, Collier County Medical Society is dedicated to serving
as physician advocates in promoting the highest standards in public
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November 13,2007
health, medical education, and ethics, and access to affordable
healthcare in Collier County; and,
Whereas, the Collier County Medical Society was chartered by
the Florida Medical Association in 1957 with these founding
members: Dr. James Craig; Dr. Reider Trygstad; Dr. Loral F.
Gwaltney; Dr. Ethel Trygstad; Dr. Daniel P. Langley; Dr. John Meli;
Dr. William Bailey; Dr. John Garland; Dr. Kenneth E. Snyder; and Dr.
Forrest Hinton; and,
Whereas, over the past 50 years, the Collier County Medical
Society has grown to over 500 physician members representing all
specialties and has become a strong organized force lobbying for
legislation that addresses healthcare access and protecting the
professionalism of professions -- of physicians; and,
Whereas, the 50th president of the Collier County Medical
Society, Michael G. Caputo, M.D., along with the officers, Joseph
Gauta, M.D.; James Talano, M.D.; Alina K. Stanciu M.D.; and
Charles 1. Anderson, M.D., are proud to serve the medical community
in this anniversary year.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the Collier County
Medical Society be recognized for its accomplishments and
achievements in building a strong and sustainable medical community
in Collier County.
Done and ordered this 13th day of November, 2007, Board of
County Commissioners, Collier County, Florida, James Coletta,
Chairman.
Mr. Chairman, I make a motion we approve this proclamation.
COMMISSIONER HALAS: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Motion by Commissioner Coyle,
second by Commissioner Fiala.
Any discussion?
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November 13,2007
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 5-0.
COMMISSIONER COYLE: Good.
(Applause.)
COMMISSIONER COYLE: Thank you very much.
Congratulations. Thank you for all your good work.
COMMISSIONER HALAS: Congratulations.
DR. CALVIN: We have a copy of our 50th anniversary book,
commemorative book for each of you.
COMMISSIONER COYLE: Good. Thank you.
COMMISSIONER HENNING: Is there a value on this? Is there
a value? Yes.
CHAIRMAN COLETTA: I'm going to ask you to face the lady
with the camera. We'll have a picture taken, then we'd love to hear
from you.
DR. CAPUTO: Good morning. My name is Michael Caputo,
M.D. I'm currently the 50th president of the Collier County Medical
Society.
And I'd like to say good morning to all the county commissioners
and the members of the public. It is really a great privilege for me to
accept this proclamation on behalf of the Collier County Medical
Society.
Standing with me today was Dr. Nick Calvin, who was president
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November 13, 2007
of the society in 1974. As the 50th president, I am inspired by the
accomplishments of my predecessors and their contributions to the
medical community and the patients of Collier County.
The society was established in 1957 by the physicians of Collier
County and has had a constant and clear mission to provide access in
affordable healthcare to the citizens of the county and to practice our
profession in an environment that allows us to stay in business.
As our society's history shows, when doctors work together, great
things happen. It wasn't one doctor that created a blood bank or
formed free physical examinations for high school athletes, started a
mental health clinic, or opened a clinic to serve underserved people in
Immokalee and other areas, who are migrant farm workers, for free. It
took a group of dedicated physician who had passion, compassion,
and the vision to build an outstanding medical community.
Thank you again for this proclamation on behalf of physicians of
Collier County.
CHAIRMAN COLETTA: Thank you, sir.
(Applause.)
DR. CALVIN: Yeah. I'm Nick Calvin. I probably carne here
before Dr. Caputo, was born in 1966. I was the 13th doctor here, the
first subspecialist in the county and an early president.
As a medical pioneer, I'd love to thank all of you on behalf of the
original dozen doctors who preceded me and are now mostly gone,
some just worn out, a few retired.
Each doctor was then available 24/7, each donated time in
24-hour blocks to the new hospital to provide emergency staff free of
charge, I mean, to the hospital, and this was decades before we had
paid ER specialists and intensivists.
Hodges and Pittman Funeral Homes provided hearses for patient
transport because there was no ambulance service and no EMTs
obviously.
Georgia Atkinson, pharmacist, was the acting county coroner, a
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November 13,2007
legal position. We had one traffic light at 41 and 5th Avenue South.
About 33 percent of all patients were charity because we had such a
huge number of illegal migrants here, even then. At times they
exceeded the full-time residents.
Dr. Bill Bailey treated so many snake bites he became an
international authority and got awards from the FMA and the AMA.
What the Collier County Society doctors have accomplished is
astounding even to me, and I personally thank you.
(Applause.)
Item #4 B
PROCLAMATION FOR FARM-CITY WEEK ACCEPTED BY
BART ZINO, BBQ CO-CHAIR AND CECIL AND RITA HOWELL
- ADOPTED
MR. MUDD: Commissioner, the next proclamation is for the
Farm-City Week to be accepted by Bart Zino, the barbecue co-chair,
and Cecil and Rita Howell.
CHAIRMAN COLETTA: Yes. Please corne up front. Right up
here and face the audience.
Whereas, November 18th through the 24th is National Farm-City
Week, a time set aside to recognize and honor the contributions of the
county's agriculturalists and to strengthen the bond between the urban
and the rural citizens; and,
Whereas, in Collier County the high point of Farm-City Week is
the annual Farm-City Barbecue sponsored by the Collier County
University Extension and a committee of volunteers; and,
Whereas, agriculture is an important element in Collier County's
economic machine with total economic activity of over $300 million
annually; and,
Whereas, 22 percent of Collier County is utilized for agriculture,
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November 13, 2007
providing vital economic benefits, including habitat wildlife, recharge
area for our aquifers; and,
Whereas, the Board of Collier County Commissioners supports
local agriculture through programs including cooperation with the
University of Florida, IF AS Extension Service; and,
Whereas, 2007 marks the 52nd year of the National Farm-City
partnership; and,
Whereas, we encourage all citizens to pause to recognize the
contributions of our historical farmers and ranchers to our economy,
our food supply, and our society; and,
Whereas, today we honor Cecil and Rita Howell as this year's
farm family of the year for their numerous years of tireless
commitment and dedication to Collier County and its agriculture.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that on behalf of the
citizens of Collier County, great appreciation and honor is owed to all
of this county's agriculturists and that November 18th through the 24th
be designated as Farm-City Week.
Done and ordered this, the 13th of November, 2007, Jim Coletta,
Chairman.
I make a motion for approval.
COMMISSIONER FIALA: Second that motion.
CHAIRMAN COLETTA: Motion for approval by
Commissioner Coletta, second by Commissioner Fiala.
And with that, any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
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November 13,2007
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 5-0.
(Applause.)
COMMISSIONER HALAS: Good to see you.
COMMISSIONER FIALA: I love the shirt.
CHAIRMAN COLETTA: One more thing, one more thing,
proclamation, and there's a number of copies in there.
MR. ZINO: Hang on to that in between us. There we go.
CHAIRMAN COLETTA: Did you get it, ma'am? Another shot?
MR. BARTON: Waiting for me to move. I saw the light go off.
CHAIRMAN COLETTA: Don't move. And while you're on
your way to the podium, I want the audience to know that I am going
to be a server and that if you know me and just mention my name
when you corne through the line, I'll see that you get a generous
portion of whatever it is I'm serving.
MR. BARTON: Thank you.
MR. ZINO: We've got an apron for you, Commissioner. No
problem.
It has been an honor and a pleasure to serve on the Farm-City
Committee now for eight years for myself. This is the second year
involved in a chair role. And this is quite an institution that Collier
County enjoys, and it's been growing every year.
And this year at Ave Maria town is where it will be held, and we
do look forward to our celebrity servers corning on out, and there's an
apron for everybody. So we'll do that.
The important thing here with the Howell family and being
selected as Farm Family is particularly important because farm
families are picked by the farm -- farmers and other farm families in
the Immokalee farming community, and it's a testament and a
recognition of their place in their community, the people that they are
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November 13, 2007
and the contributions that they make within their community.
And with that, I want to thank Cecil for being here and thank you
for doing what you do.
MR. HOWELL: Okay, thank you. My wife couldn't be here
because she's teaching at Immokalee Middle School today. But on
behalf of my wife and my family and also the farmers of Immokalee
and Collier County, I am greatly honored and I appreciate this award.
And I just thank you from the bottom of my heart, and I thank you for
recognizing the farming in Immokalee and in Collier County.
It's -- just look at the way the oil prices are today when we have
to depend on foreign oil. When you have to start depending on foreign
vegetables, it's going to be where you can't hardly afford to eat.
We grow some of the finest vegetables in the country, and the
safest where I would say right now 99.9 percent of our farms are
certified food safe, and the ones that are not are working on it.
So we're all getting our food safety program going on, and we're
under heavy regulations. We're -- constant scrutiny. I mean, we're
watched over so that everybody stays in line. So ifthere's ever any
doubt about pesticides or anything, I'd challenge you corne to my farm
or any farm in Immokalee or wherever and check us out because of
what we're doing right now, and I thank you.
CHAIRMAN COLETTA: Don't go yet, sir.
Commissioner Halas?
COMMISSIONER HALAS: I have one question. Being an old
farm boy myself, my -- I don't understand why the local goods that are
grown here in Immokalee, we can't purchase them in local stores.
MR. HOWELL: Our objective in Immokalee -- well, we're not
that big of a market as far as what volume is produced in Immokalee.
All of our stuff we grow to go north. And I mean, there's millions of
boxes of tomatoes, peppers, cucumbers, that go out of Immokalee
going north to the northern markets, and they're gas tomatoes, which
are -- we, you know, pick them green, put them in green -- gas room
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November 13,2007
and gas them. By the time they get up there, they're ripe.
You can -- a lot of the U-picks around where -- in the Naples area
there's not that many on account of development. I think they've just
about got all the farms gone from over here. But in Immokalee where
-- there's not that much of a demand for a U-pick over there, you
know, to get the local -- local vegetables. But that's one thing.
We're all set up to get stuff moving north on the account of -- you
know, to get a market and to get money out of our crops --
COMMISSIONER HALAS: Thank you --
MR. HOWELL: -- as far as the volumes that we produce.
CHAIRMAN COLETTA: Are you familiar with the -- there's
several times during the year they have for the public an agricultural
touring day where they take them out and show them the fields.
MR. HOWELL: Yes.
CHAIRMAN COLETTA: Are you familiar with that, sir?
MR. HOWELL: Yes, sir.
CHAIRMAN COLETTA: Could you tell the public a little bit so
they know what to look for when this comes available? Because I've
heard many people take it, and they said it's absolutely a wonderful
tour.
MR. HOWELL: Yeah. It's a great opportunity to get out and see
what's going on in Immokalee farming. I think they do the orange
groves, the cattle, the vegetable industry, and they go out and show
different fields. They'll have a pepper field, a tomato field or a cattle
ranch, they'll visit orange groves, and that all will kind of give you an
idea about what all's going on. So, it's a great opportunity to get out
and experience what's going on in Immokalee in our farming deal.
CHAIRMAN COLETTA: Fine. I think if you call the local
cooperative extension, they can tell you when the next tour will take
place.
MR. HOWELL: Right.
CHAIRMAN COLETTA: And I'd like to also invite anyone that
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November 13,2007
would be interested, we have a neat hen pickers market, they call it out
in Immokalee where produce is sold at a very reasonable price. I
picked up a bushel of tomatoes for $7 this past week and a bushel of
corn for $7. Of course, there's no way you can eat it. You end up
giving it away, but it's a wonderful day to spend in Immokalee, visit
some of the fine residents -- restaurants, stop over at the Casino. This
message was brought to you by the Immokalee Chamber of
Commerce.
MR. HOWELL: Boy, have I got a lot to add. They corne out --
we cannot -- we don't -- when our tomatoes turn ripe, we can't pick
them because we can't get them in a box to the supermarkets without
them being all bruised up. These guys corne out and pick them, hand
pick them, and hand pack them, and that's -- some of our fresh food
comes out of our farms out there in the market there in Immokalee.
CHAIRMAN COLETTA: Well, we thank you for what you do
for the economy of Collier County.
MR. HOWELL: I thank you. Thank you guys.
CHAIRMAN COLETTA: Thank you.
(Applause.)
Item #4C
PROCLAMATION FOR AMERICA RECYCLES DAY IN
COLLIER COUNTY RECEIVED BY DAN RODRIGUEZ,
DIRECTOR, SOLID WASTE AND JOHN YONKOSKY,
DIRECTOR, UTILITY BILLING AND CUSTOMER SERVICE.
PROCLAIMING NOVEMBER 15, 2007 AS AMERICA
RECYCLES DAY - ADOPTED
MR. MUDD: The next proclamation is for America Recycles
Day in Collier County to be received by Dan Rodriguez, Director of
Solid Waste, and John Yonkowsky, Director of Utility Billing and
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November 13,2007
Customer Service. And I think we have some special guests today,
too.
COMMISSIONER HALAS: Good morning, ladies and
gentlemen. The recycling program that we presently have today in
Collier County was actually a pilot program that was started in District
2 about four years ago, and it's grown to where it is today.
Whereas, the -- Collier County recognizes the importance of
protecting and preserving our natural resources and works to make the
world a better place by adopting conscientious living habits that will
improve our daily lives and bring about a cleaner, safer, and healthier
environment; and,
Whereas, the National Recycling Coalition launches its 11th
annual campaign to promote the social, environmental, and economic
benefits of recycling and buying recycled products on America
Recycles Day, which is November 15, 2007; and,
Whereas, the citizens of Collier County have the opportunity to
join millions of people across America in making a positive difference
in reducing water and air pollution, conserving natural resources, and
saving energy by recycling and buying recycled products; and,
Whereas, the public utilities solid waste management department
and the utilities billing and customer service departments, under
direction of Collier County Board of County Commissioners, have
worked diligently to develop a multifaceted recycling program as a
way to preserve valuable landfill space and conserve natural
resources; and,
Whereas, the Collier County government and the Board of
County Commissioners wish to recognize and condemn -- or
commend not condemn -- commend the citizens of Collier County for
their admirable recycling efforts, their positive contribution to
preserving of valuable landfill airspace and for their contributions to
the conservation of our natural Resources.
Now, therefore, be it proclaimed by the Board of County
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November 13,2007
Commissioners of Collier County, Florida, that November 15, 2007,
be designated as American (sic) Recycles Day in Collier County.
Collier County wishes to join the rest of America in maximizing the
awareness and celebration of this day.
Done in the order of the 13th day of November, 2007, Board of
County Commissioners, Collier County, Florida.
And Chairman, I make a motion that we accept the proclamation.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: We have a motion by Commissioner
Halas and a second by Commissioner Coyle.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 5-0.
(Applause.)
COMMISSIONER HALAS: Anybody have anything to say?
CHAIRMAN COLETTA: You got a spokesperson?
COMMISSIONER FIALA: They look -- you look wonderful.
CHAIRMAN COLETTA: You can stay right up here while
they're making their little presentation there.
COMMISSIONER FIALA: I look like you every morning.
CHAIRMAN COLETTA: Your hand is stuck in your mouth.
COMMISSIONER HALAS: I'd love to have you stand out on
the curb of my house.
Page 19
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November 13,2007
MR. RODRIGUEZ: Good morning, Commissioners. Dan
Rodriguez, your Solid Waste Director. Thank you for the opportunity
to celebrate America's Recycle Day with you and the community.
You have great reason to celebrate, Commissioners. Of your
solid waste that's collected curbside from your residents, 60 percent of
that gets recycled. Commissioners, that's great news.
(Applause.)
MR. RODRIGUEZ: You have one of the best recycling
programs in the State of Florida, if not the nation. In addition,
Commissioners, of your total waste stream in Collier County,
including commercial, restaurants, shopping centers and residential,
73 percent of that gets recycled or diverted. That's another great one.
(Applause.)
MR. RODRIGUEZ: But we couldn't do it without you,
Commissioners, and a great team. I'd like to just quickly recognize a
few individuals. With your facilities management department, Damon
Gonzalez, Ann Simpson, and Skip Camp, who have helped improve
recycling on the government complex; your solid waste management
department who work day in and day out to improve recycles; and
also your media folks, John Torre and Margie Hapke, who continue to
put out PSA's that help to improve recycling; and the utility billing
service who are out there on the streets checking the different
businesses, whatnot, to make sure they comply with the recycling.
In addition, I would like to thank the County Manager and our
division administrator who provide clear, direct direction, goals and
objectives, so that we can systematically extend the life of our landfill.
And most importantly, thank you for approving and adopting and
supporting the integrated solid waste management strategy and its 32
options. Commissioner, that strategy is working. In the last two years,
again, you've extended the life of the landfill by seven years. That's
tremendous.
(Applause.)
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November 13,2007
CHAIRMAN COLETTA: Wonderful.
MR. RODRIGUEZ: Thank you.
CHAIRMAN COLETTA: No. One second. Commissioner Fiala
has a question or comment.
COMMISSIONER FIALA: And thanks to you, Dan, for all you
do. Your department is a joy to work with. They inspire people to
want to recycle. The word that you get out is a happy word and an
encouraging -- well, an encouraging word for people to want to take
part and participate. So thanks to all of you from all of us.
MR. RODRIGUEZ: Thank you, Commissioner.
(Applause.)
Item #4 D
PROCLAMATION FOR NATIONAL HUNGER AND
HOMELESSNESS AWARENESS WEEK ACCEPTED BY V ANN
ELLISON, CHAIRMAN OF THE COLLIER COUNTY HUNGER
AND HOMELESS COALITION - ADOPTED
MR. MUDD: Commissioners, the next proclamation is for the
National Hunger and Homelessness Awareness Week, to be accepted
by Vann Ellison, who is the chairman of the Collier County Hunger
and Homeless Coalition.
And I believe we have some more folks, too.
COMMISSIONER HENNING: Whereas, for the past several
years, the National Coalition of the Homeless and National Student
Campaign Against Hunger and Homeless (sic) have sponsored
National Hunger and Homeless Awareness Week; and,
Whereas, the purpose of the proclamation is to educate the public
about the many reasons people are hungry and homeless, at risk of
homelessness, included in the shortage of affordable housing in
Collier County and very low-income residents; and to encourage the
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November 13, 2007
support for homelessness (sic) assistance serving providers (sic) as
well as community service opportunities for students and school
service organizations; and,
Whereas, many organizations have committed their -- to shelter,
provide support of service (sic) as well as meals, food supplies to the
homeless, including: The Assembly of God Campus of Care, Catholic
Charities, David Lawrence Center, Collier County Housing and
Human Services, Collier County Hungry and Homeless Coalition, the
Harry Chapin Food Bank, the Immokalee Friendship House, local
religious facilities, Salvation Armies (sic), Shelter for Abused
Women, St. Matthew's House, St. Vincent DePaul, and Youth Haven;
and,
Whereas, the theme of National Hunger and Homeless
Awareness Week of 2007 is bringing America home; and,
Whereas, the Board of County Commissioners recognize that
hunger and homeless (sic) continues to be a serious problem for many
individuals and families in Collier County; and,
Whereas, during the point in time, homeless count of 2007,
Collier County Hunger and Homeless Coalition documented 414
individual homelessness (sic) and 707 individuals at risk of
homelessness, and;
Whereas, the Collier County public schools has identified in
2006/2007 year, 540 students were being lack (sic) of fixed, regular,
and adequate nighttime residence; and,
Whereas, the intent of the National Hunger and Homeless
Awareness Week is consistent with the activities of Collier County
Hunger and Homeless Coalition and local shelters; and,
Whereas, local organizations encourages business (sic) and their
employers (sic) to donate their lunch money in our skip-a-meal project
during the week, this week.
Now, for, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that November 11 th
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November 13,2007
through 17th, 2007, be designated as the National Hunger and
Homeless Awareness Week.
Done in this order, the 13th day of November, 2007.
Mr. Chairman, I make a motion to move this proclamation.
COMMISSIONER FIALA: Second the motion.
CHAIRMAN COLETTA: We have a motion by Commissioner
Henning and a second by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 5-0.
(Applause.)
UNIDENTIFIED SPEAKER: We have some skip-a-meal boxes
for you, if you can help us to spread the word about this week. I have
seven.
MS. KRUMBINE: You need to skip a meal.
COMMISSIONER COYLE: I do that every meeting we have.
MS. KRUMBINE: I do too.
CHAIRMAN COLETTA: You have a spokesperson? Good.
We're going to hear about the needs.
COMMISSIONER FIALA: I should skip about 400 of them.
COMMISSIONER COYLE: It's empty, by the way.
CHAIRMAN COLETTA: It's a box you're supposed to fill and
send back.
Page 23
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November 13, 2007
COMMISSIONER COYLE: Oh, I see.
MR. ELLISON: Commissioners, I'm Vann Ellison, chairman of
the coalition this year and the executive director of St. Matthew's
House.
On behalf of the members of the coalition, we want to thank you
for your kindness, your thoughts, and your prayers and your actions
on behalf of the less fortunate of the county.
We're a county that is blessed with so many wonderful things,
with fine leadership, with a wonderful county staff that works so
diligently to meet the needs of the less fortunate, but a county stands
no more noble or no more proud and strong than when they care for
the least fortunate of their residents.
And so we're proud to receive this proclamation acknowledging
the work of the organizations that seek to minister to those who are
less fortunate. And those boxes that you've received are basically
around several area businesses. Those boxes are being put out so that
individuals who choose to skip a meal or bring their lunch and put
their regular lunch money in for that day will then support the actions
of the various organizations that are meeting the needs of the less
fortunate in this county.
We thank you and appreciate the hard work of each of the
commissioners on our behalf.
CHAIRMAN COLETTA: Would you please comment on the
availability of the food in the food pantries in the area?
MR. ELLISON : Well, yes. This has been a year of really
unprecedented need. All of us that serve food or that provide food to
families, our soup kitchens, our efforts at giving away food to families
with minor children were really pushed to capacity. This is the first
year that any of us have record where we've had to go out and buy
food because there haven't been enough resources.
This past summer, the amount of food given away to families
who did not have the resources they needed doubled over the previous
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year. And so in a hard economic time, those families who are least
fortunate, their children are the ones that suffer the most. And so
donations, we've already signed up over 300 people at our shelter
alone to give away turkeys for families to celebrate Thanksgiving and
to bring that unity and that national spirit together.
CHAIRMAN COLETTA: Would you give us a contact number.
MR. ELLISON: Certainly. Any of the organizations that are
providing food pantries, which include St. Matthew's House, that's
774-0500, St. Vincent DePaul Catholic Charities, the Salvation Army
in Immokalee, the Immokalee Friendship House, and Guadalupe
Center. Thank you.
CHAIRMAN COLETTA: Commission Fiala's got something.
COMMISSIONER FIALA: Oh, I was just going to have him ask
it. Don't you need turkeys for Thanksgiving also?
MR. ELLISON: Yes, ma'am, we do. We're preparing to serve
about 450 to 500 turkey dinners on Thanksgiving Day, and we'll be
giving away probably about 400 turkeys this year to families.
COMMISSIONER FIALA: But you need some -- you need
people to donate some, don't you?
MR. ELLISON: This morning we had five, so what's -- kind of
the loaves and the fish thing. We keep spreading them around.
I also want to introduce Linda Oberhouse (phonetic) as the new
executive director of the Shelter for Abused Women and Children.
She's new to our community, and we're very excited about the work
she's going to do in the community.
CHAIRMAN COLETTA: Welcome to the family.
(Applause.)
MR. ELLISON: Thank you.
CHAIRMAN COLETTA: Thank you very much.
MR. MUDD: Commissioner, the next proclamation -- thank you.
CHAIRMAN COLETTA: Go ahead, Mr. Mudd.
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Item #4 E
PROCLAMATION FOR NAPLES UNCHAINED DAY
ACCEPTED BY LISA BOET, FOUNDER AND PRESIDENT OF
NAPLES ORIGINALS - ADOPTED
MR. MUDD: The next proclamation is for the Naples Unchain
Day, to be accepted by Lisa Boet, founder and president of the Naples
Originals.
COMMISSIONER FIALA: Boy, I recognize a lot of you guys.
Does that mean I eat out too much?
UNIDENTIFIED SPEAKER: You can never eat out enough.
COMMISSIONER FIALA: How are you, Jean?
Proclamation: Whereas, as an affiliate of the American
Independent Business Alliance, members of the Naples Originals, an
association of 41 independent locally owned and operated restaurants
are calling upon the citizens of Collier County to recognize the first
annual Naples Unchained Day, part of America Unchained, a national
campaign of the America Independent Business Alliance; and,
Whereas, on Saturday, September -- oh, I'm sorry -- Saturday,
November 17th, 2007, the Naples Originals, along with independent
retailers and owners of other locally owned and operated businesses,
ask the citizens of Collier County to shop only in locally owned and
operated businesses for the entire day; and,
Whereas, Collier County encourages all of its citizens to unchain
on November 17,2007, and do any business they plan to do that day
only at locally owned, independent businesses thereby demonstrating
that their personal spending decisions affect the whole county and the
community and greatly impact the local economy; and,
Whereas, many studies conducted in different communities
throughout the United States have determined that locally owned and
operated independent businesses create approximately
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November 13,2007
three-and-one-half times more local economic activity than do
cooperate chains. This translates into increased economic impact for
the Naples Community; and,
Whereas, the Naples Originals celebrate local businesses, born of
a passion of our dedicated business owners, and are intent upon
preserving the unique flavors and the original ambience of the City of
Naples and of Collier County, which make our community a better
place to live and a charming place to visit.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that November 17,2007,
be designated as Naples Unchained Day and call upon all of our
citizens -- and I can guarantee you I will be one -- to join us in
supporting the independent, locally owned and operated businesses,
while putting more money back into the local economy and preserving
the uniqueness of Naples.
Done and ordered this 13th day of November, 2007, Board of
County Commissioners, Collier County, Florida, James Coletta,
Chairman.
And, Mr. Chairman, I'd like to make a motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN COLETTA: Motion by Commissioner Fiala,
second by Commissioner Halas.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
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November 13,2007
(No response.)
CHAIRMAN COLETTA: The ayes have it, 5-0.
(Applause.)
COMMISSIONER FIALA: This is a great idea.
CHAIRMAN COLETTA: Thank you for all that you do.
COMMISSIONER FIALA: That's because you're great. That's
why you're busy.
CHAIRMAN COLETTA: Please face the camera.
COMMISSIONER FIALA: Excuse me, all this restaurant talk.
CHAIRMAN COLETTA: Thank you.
COMMISSIONER FIALA: Hey, you guys. Let me know about
it so I can write it in my column in the Myer Citizen (phonetic), okay.
You need to call me and let me know. Yeah, that's good. Email
would be perfect. Let me know what you're doing. Thank you.
Excuse me. I'm sorry. Conducting business.
MS. BOET: Lisa Boet. Hi, I'm the president/founder of Naples
Originals which, since the writing of this proclamation, I'm proud to
say we're now 46 independent locally owned and operated restaurants,
which is quite a feat, because we just formed in the month of May of
this year, so -- but we're very proud to be the second affiliate of the
American Independent Business Alliance in the whole State of
Florida, and we encourage all independent, locally owned and
operated businesses to sign up for a free listing on our web site so that
we can provide a resource to the citizens of Collier County and
encourage them when they are looking for a place to purchase goods
or for services, that they think independent first.
And we ask them to go online, our web Naples Originals dot
corn, and they can sign up for free, and we will happily help them
promote their businesses.
So I encourage everyone in Collier County to vote with your
pocketbooks on November 17th, buy local. And we're very intent
upon doing some research following this day to determine the amount
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of economic impact that's generated by keeping all of our dollars
locally.
I think in this time where the economy is going through some
tough periods, it's all the more reason for everyone to realize the
important impact that locally owned and operated businesses have in
Collier County. We live here year-round. Our children go to school
here. We support all the local vendors. All the year-round people,
that's us. So keep that in mind this corning Saturday, and we
encourage you to go unchained.
Thank you very much, everyone, for your assistance.
CHAIRMAN COLETTA: Thank you. Question from
Commissioner Fiala, I'm sorry.
COMMISSIONER FIALA: Lisa, do you have a list of all of
your members?
MS. BOET: Absolutely. If you -- on our website, which I just
mentioned, Naples Originals dot corn, there is a list of our current
membership of independent, locally owned and operated restaurants.
And we are, as I said, in the process of growing that. We've gone
from 30 to 45 in just a couple of months' time.
And we want to be a resource because we have so many of our
guests corning to our establishments asking us, how do we know who
is an independent and who is part of a corporate chain. So we hope
that we're providing a resource and assisting people in finding us.
A lot of us are off the beaten path. We're hard to find. We can't
afford rents in big shopping centers and our main thoroughfares. So it
helps to kind of, you know, know where we're at. And this is going to
encourage people to search us out and find us.
And we hope by doing this, we can also -- by incorporating all
the independent businesses on our website, we can also encourage
people to support, you know, the independent businesses in every -- in
every type of business, whether it be retail or service-oriented, but
think independent.
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November 13,2007
COMMISSIONER FIALA: Thank you.
MS. BOET: Thank you very much.
CHAIRMAN COLETTA: Thank you.
Item #5A
KRAFT CONSTRUCTION CM AT RISK CONTRACT
CONTRACTOR PRESENTATION - COLLIER COUNTY
EMERGENCY SERVICES CENTER; PROJECT 52160-
PRESENTED
MR. MUDD: Commissioner, that brings us to presentations, and
we have a presentation today. It's a contractor presentation. The
Collier County Emergency Services Center, project 52160, Kraft
Construction, Construction Manager at Risk Contract.
COMMISSIONER FIALA: Boy, it's looking good. It's almost
up.
MR. JONES: Good morning, Hank Jones, Facilities
Management. I'd like to introduce you to Mr. Peter Tuffo of Kraft
Construction. He is the project executive on the Emergency Service
Centers at Lely, and he's going to give you an update on the project.
Mr. Tuffo.
MR. TUFFO: Thank you, Hank.
Commissioners, I'd like to thank you for the opportunity to
present the Collier County Emergency Services Center to you today.
As you are aware, the Collier County Emergency Services Center
is a 130,000-square-foot four-story building made to withstand winds,
sustained winds of 175 miles an hour and also to sustain a storm surge
of 22-and-a-half feet.
This project, in order to meet the scheduled needs for the
facilities, we broke it out into two GMPs. We did a site work GMP
early of $6.7 million, which was a shared site -- excuse me -- between
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the library and the Collier County Emergency Services Center, and
then we did a GMP for the building.
The guaranteed maximum price for the structure itself was
$38,533,902. I'd like to note that the project team worked diligently,
that meaning Harvard Jolly, county staff, Kraft construction, and the
Productivity Committee, to reduce the GMP by $5.2 million through
value engineering efforts, and that was a very successful team effort.
With that, I'd like to take you to the organizational chart. As
Hank mentioned, I am the project executive. The senior project
manager on site is Chris Dill. The senior superintendent is Joe
Carchidi. Both have years of experience in the industry and are doing
a wonderful job out there. Their support staff is listed below them.
I'd like to take you through the past nine months of what we've
been doing. In February 8th, we received the notice to proceed for the
site work, and prior to ever putting the first shovel into the ground, we
met with the -- our neighbors, both Lely Elementary School and
Edison College to make sure they were well aware of what was going
on, what activities were going to take place. We gave them contact
numbers, that if they had any concerns, they could call us and we'd
address their concerns immediately. To date, we have not had any
disruptions, but we did meet with them.
In February we started clearing the site, implementing the
logistics, trying to get the access road in, and -- as well as the
stormwater protection, putting up the silt fence to make sure that we're
complying with local codes and standards.
In March of 2007, we began bringing in the immense amount of
fill that's needed to take this -- or that was needed for this site.
The Emergency Services Center pad itself was raised nine feet
off of existing grade. There was 100,000 cubic yards of fill placed on
this site during that time period. And at our peak, we were running
400 trucks a day, again, with no disruptions to our neighbors. We also
began the underground utilities at that point.
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November 13, 2007
In April, again, continuing with the underground utilities and
continuing the site work. As you can see, it's starting to take place, or
starting to take shape in the pictures, the access road corning in, started
the clearing for the library pad to get that ready for the -- for the other
project on the site.
In May, we installed the landscape buffer, which was required by
the Lely area. We began the test piles, the underground utilities as
well as clearing the drainage and the easements to Edison. This is also
when we received our notice to proceed for the building project.
So as you see in the next picture, we started our foundations, the
auger cast piles, and the pile caps. Some interesting stats, there are
326 auger cast pilings that were 56 feet deep and 16 inch -- 16 inches
in diameter that are holding up the building as we stand.
We also started the cyber -- or the library site work at this point,
in getting that ready, including the parking lot and trying to get the
building pad ready for that project.
Corne July we started going vertical with the columns, the shear
walls, the elevator shafts, began the MEP undergrounds. You'll see an
interesting stat later about the amount of conduit that's -- the four-inch
conduit that's put in the ground. It's -- nearly 10 miles are in the
ground right now that are going to support this building.
In August, we made our first elevated pours. We poured the
mezzanines, we started the first elevated deck, we installed the tower
crane, which you could see from, you know, the highway, and started
the grading of the casting beds. And when we talk about casting beds,
we -- through the VE, we actually did change from a precast to a
site-cast concrete, which was one of the big savings. It also picked us
up time on the project, and that is why we went with that.
In September we started casting panels, we poured the first two
sections of the elevated deck. For those of you that have been out
there, each floor is being poured in thirds, so -- and it's roughly taking
about a month, a little bit less than a month per floor, so we're
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November 13, 2007
breaking it up in thirds on column lines, so we're starting to pour
roughly every week and a half the deck, and we're pouring concrete
roughly every day, including the columns and the beams to support
the elevated decks.
Also started -- or the MEP is continuing and will be ongoing
throughout the project.
In October we poured the first wall panels, we completed the
third floor, we started the fourth floor. Again, this project is running
six days a week out there, so we are doing everything we can to pick
up any time during the structure of this project. We also started the
masonry and the communication ductwork that runs around the
perimeter.
In November we completed the fourth floor, we began the fifth
floor pours. We started setting cast panels. If you go out there, you'll
see the tower crane, you'll see the crane setting the precast panels.
We're roughly running anywhere from 155 to 190 employees a day on
the site depending on how much concrete we're pouring or just the
sequence of events.
Schedule. Substantial completion is scheduled currently for
January of2009, with commissioning taking place and, I believe,
ready for the 2009 hurricane season and -- that is our goal and we are
currently on schedule.
A budget update. The GMP for the site work again, was $6.7
million. The GMP for the building was $38,500,000. The total GMP
for both was 45,274,000. The current GMP is at 39 million, and that
is due to the efforts of the direct material purchase program.
To date we have purchased nearly $7 million worth of materials
on the direct material purchase program, with a savings going back to
the county of $417,266.58.
Some interesting statistics. Hundred thousand cubic yards of fill
to date have been installed; 117,000 man-hours to date have been
worked on this project. We have put in 400 -- this is installed. This is
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November 13, 2007
not a final number. To date we have installed 442 tons of rebar on the
project; 50,000 linear feet or four-inch conduit to create the raceway,
and over 5,000 cubic yards of concrete. And, again, we pour concrete
every day.
With that, I'd like to open it up to any questions.
CHAIRMAN COLETTA: Yes. Commissioner Halas?
COMMISSIONER HALAS: Yes. I was fortunate enough to
take a tour of this site, and I want to commend the builder there for
stepping up and finding ways to cut costs. And I was very, very much
impressed with the idea of putting together walls on site where you
actually pour right there, you've got the forms, and are able to do that
on site than to have it done off site as it was originally intended.
And I can tell you that my impression of the wall -- of the
building as it's being developed, I'm very much impressed with the
amount of material that's going in there to make sure that this building
will withstand -- I think you've mentioned 175 mile-an-hour winds,
but to me it looked like they were probably closer to 200-mile-an-hour
winds with all the rebar in there.
So I want to thank you very much for the work that you're putting
into this and the due diligence that's taking place.
MR. TUFFO: Thank you very much.
CHAIRMAN COLETTA: And I'd like to piggyback on that a
little bit, also recognize the Productivity Committee, who have been
an advocate for value engineering for some time, and I think they're
the ones that brought it forward to the point where we incorporated it
into this project.
Many people assume that the Collier County Commission makes
these decisions in a vacuum. They don't. We have a tremendous
number of support groups out there, everything from the Planning
Commission to the Productivity Committee to Emergency Services.
There's all these support groups where the people that work on
these groups have expertise that probably far exceed every
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commissioner here except for Commissioner Coyle, of course.
But I just want you -- to tell you how much we appreciate
everything that's been done by the committees out there that supported
us getting to the point that we're at now.
And with that, we're going to go to Commissioner Coyle.
COMMISSIONER COYLE: I also would like to thank you for
the good job you've been doing. I do have a question probably best
directed to staff. It's just an eye catcher. I'm sure the staff can explain
it.
The original project budget was $20 million and the revised
budget is $55 million. I think it would be appropriate to explain why
there's such a big difference here.
MR. JONES: Well, a lot happened in the interim between the
original concept budget and the final, namely Hurricanes Katrina,
Charley, Wilma, et cetera, et cetera.
The project originally was at Bembridge, as you know, and the
concept of the Emergency Services Center was developing still at the
$20 million original budget phase.
So at that point, we've progressed the design to incorporate all the
necessary features to bring it up to a cat. 5 structure, level E
certification in order to get state/federal grants to support it and to
bring it up to the full-functioned building that you see on the -- in the
rendering. That really increased the scope probably more than two
times all told.
MR. CAMP: For the record, Skip Camp. Also, that was prior to
the programming of the building, and that's an important fact to
remember.
COMMISSIONER COYLE: What do you mean programming
of the building?
MR. CAMP: When you find out all the requirements from all the
different agencies, the sheriffs office, our EOC, EMS. That was prior
to getting all the requirements in one package.
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November 13,2007
COMMISSIONER COYLE: And how many dollars in grants
have we received for this building from the government?
MR. JONES: 3.16 currently.
COMMISSIONER COYLE: And we expect more grants?
MR. JONES: That includes the latest, Jim? That is the latest.
COMMISSIONER COYLE: Are we applying for more grants?
MR. JONES: Yes. Jim says yes.
COMMISSIONER COYLE: All right. Thank you.
MR. JONES: Any more questions?
CHAIRMAN COLETTA: That should do it fine. We appreciate
your efforts.
MR. JONES: Thank you.
MR. TUFFO: Thank you.
CHAIRMAN COLETTA: Mr. Mudd, I think we can get into
public petitions.
Item #6A
PUBLIC PETITION REQUEST TO DISCUSS A CODE
ENFORCEMENT ORDER TO DEMOLISH A HOME AT 1318
SOUTH PEAR STREET, IMMOKALEE - COUNTY MANAGER
TO PROVIDE ASSISTANCE AND CONTACT I-HOPE IN
IMMOKALEE TO INQUIRE ABOUT OBTAINING A TRAILER
MR. MUDD: Yes, sir. First public petition is a request from
Jacob Gallegos to discuss the Code Enforcement Board order to
demolish the home at 1318 South Pear Street, Immokalee.
Mr. Gallegos?
CHAIRMAN COLETTA: Yes, sir. Whatever podium you
prefer. I'll tell you what, probably if the gentleman in the wheelchair's
going to be talking, if you go to this podium over here, because we
have a mic that we can bring to him rather than him have to go to the
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November 13, 2007
mike.
CHAIRMAN COLETTA: Sir, if you'd be so kind, I'm going to
need for you to state your name for the record.
JACOB GALLEGOS: Can I talk?
CHAIRMAN COLETTA: Well, one of you can talk. That's fine,
whichever one.
JACOB GALLEGOS: Use this mike or that one?
MR. MUDD: Whatever one you want to use.
CHAIRMAN COLETTA: Use the mike right on the podium.
JACOB GALLEGOS: Yeah, good morning. We're here today
because I guess several months ago or a few months ago we were
given a notice about a -- no permitting and illegal, I guess, additions to
my father's home, which has been there for 30-some years, 35 years.
And we just feel that it's -- it will be like a financial burden to
actually just demolish most of the home, which was requested by the
code enforcement. We were not building and we were not doing
anything at the time. We were just given a letter saying that you
needed to pull up permits and get a survey and -- which was kind of
difficult because it's been here for years.
And it's just -- it's kind of hard for us. We're just trying to figure
out what step -- where do we go. We don't -- you know, this is our
home. This is where we live.
I mean, he's raised his whole family here. We've lived there for
as long as I can remember. I mean, the building right now or the
structure currently has a mortgage on it. So there's a lot of questions
behind where -- what actually happens, and we're just trying to figure
out what do we do. I mean, we're asking for help. We don't --
CHAIRMAN COLETTA: Just a quick question, in may, sir, so
we know what it is. Is this a cinder block home, a wooden home?
Was it a mobile home?
JACOB GALLEGOS: It's a frame home. It's a frame home. It's
framed.
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November 13,2007
CHAIRMAN COLETTA: Framed?
JACOB GALLEGOS: Yeah, wooden home.
CHAIRMAN COLETTA: Well, let's do this. Let's hear from
staff, and we'll have a better understanding. Then maybe there's some
options that will be available to you that haven't been explored yet.
MR. SCRIBNER: For the record, David Scribner, investigations
manager for code enforcement.
Just want to clarify one thing. Code enforcement is not
demanding that the home be demolished, only that the proper permits
be obtained and the certificate of occupancies (sic), or demolition is a
possibility.
I think it's important we take a look at an overhead of what we're
talking about. The area in green is the permitted section of this
property. The red sections have all been additions that have been
added over the years.
I believe Mr. Gallegos purchased this property in 1991. The
investigator talked to Mr. Gallegos, and evidently he has a very large
family, and as time went on, he started adding onto this property, and
as a result, we've had numerous addition.
We asked Mr. Gallegos -- and he did go into permitting to see
about getting proper permits. Through the affirmative defense section,
he can get a survey done, get an architect or an engineer to certify that
it met codes when it was built, but that's still an option for him.
As you can see, some of this structure was built using utility
poles. You can see that there are multiple gas tanks on the property.
There is exterior plumbing on this property. You can see there's a hot
water heater located outside.
In that top photo you can see three propane tanks. There's
actually a propane tank tucked back in the corner underneath the eaves
of the building.
This is another picture of part of it. There's an addition that's been
placed on the back, probably encroaching within setbacks.
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This photograph you can see that there's -- I don't know if can
you see clear enough, there's numbers actually on doors. There's a 2
and a 3. We don't have any photographs of the inside of this
residence. We've not been allowed in, but our understanding, this has
been rented out to migrants.
Again, more photographs of the outside. You see the support
structures are simply cement blocks. They're not cemented together.
They're just simply set on the ground for support.
There's some electrical outlets outside. We have no idea whether
they're actually hooked up to a ground vault or not. There's always
that possibility. My concern is, is what electrical functions have gone
on inside that building that haven't been permitted? And that's all I
have.
CHAIRMAN COLETTA: This is -- how many rooms in this
house. Do you have any idea?
MR. SCRIBNER: You'd have to ask Mr. Gallegos. We've not
been inside.
CHAIRMAN COLETTA: Yeah, a couple of questions, if I may,
sir, then I've got two other commissioners that would like to ask some
questions.
The house itself, is this an income property for you that you use?
MR. GALLEGOS: Yes, sir.
CHAIRMAN COLETTA: And would you state your name for
the record, please.
MR. GALLEGOS: My name's Baby Boy Gallegos.
CHAIRMAN COLETTA: Yeah. And the reason we have to do
that is we're required to by law, but --
MR. GALLEGOS: That's okay.
CHAIRMAN COLETTA: So this is an income property mainly
for you for housing?
MR. GALLEGOS: Well, it's a living property for me and my
son Jacob Gallegos. See, the reason -- if! may explain a little bit, is --
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November 13, 2007
the reason that house is built so much and so big is because I had 12
kids.
At that time corning up, that's all I could do. I done what I could
for my family. I raised them in the house, they grew up in there.
They went to school. They graduated. Some of them got a pretty
good education and they went to college. Thank God that they did
make it through college.
We done -- me and my wife done whatever we could for them,
but the house was very important. That's the reason why.
CHAIRMAN COLETTA: And I understand. I understand, sir. I
raised a family, too, and I can remember some of the things I had to do
to make things work out.
MR. GALLEGOS: Thank you; thank you, sir.
CHAIRMAN COLETTA: But here's -- the problem is, is that
this is below the standards it's allowed, not only by the county, but by
the state statutes as far as construction goes. One question of staff, if I
may. Is this lot also permissible to put a trailer on this lot.
MR. SCRIBNER: Actually, I think, you look at that, I think
there originally is a mobile home in there. That's what was --
CHAIRMAN COLETTA: What I'd like to look into the
possibility of -- because I'm no engineer and I don't work code
enforcement. I work for you. But I can tell by looking at this
building, there's major problems. And seeing you try to spend untold
amounts of dollars to get an engineer in there and see if it meets code
going back some time ago, I think you're going to find out, even if you
go back 20 years, you're going to find it still doesn't meet the code of
that time. The expense you're going to incur is going to be past the
point that it's realistic.
What I'd like to do is work with you personally to see about -- if
your economic conditions are such that you might be able to get one
of these brand new, ultra modern trailers from IHOPE at a very
reasonable cost. Maybe if you have to clear that off your land to be
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November 13,2007
able to do so, then we could maybe get that trailer up there.
Now, Rick Heers is the one that heads up IHOPE in Immokalee,
and he has access to a number of these FEMA trailers, very large --
I've been through a number ofthem. They're beautiful. They'd meet
the needs of you and your son and still have an extra bedroom left
over for when your grandchildren corne to visit.
I'd like to talk to you about that possibility.
MR. GALLEGOS: Okay.
CHAIRMAN COLETTA: I don't -- I don't see where we're
going to be able to go anyplace with trying to squeak this through to
maybe say it does comply. I mean, just gathering by the construction
itself. It met the needs of your family. Thank God this isn't 20 years
ago when this is corning to be.
MR. GALLEGOS: Yes.
CHAIRMAN COLETTA: But let's see what we can try to do to
make this a livable situation for you --
MR. GALLEGOS: I appreciate it.
CHAIRMAN COLETTA: -- to get you back onto the road to
enjoying the quality of life that you should be able to enjoy.
With that, let's go to Commissioner Fiala, then Commissioner
Henning.
COMMISSIONER FIALA: Yes. Hi, David.
MR. SCRIBNER: Good morning.
COMMISSIONER FIALA: When I went and saw the property
last week, it looked to me like there were a lot of cottages on there. It
looked like there was the one main house -- and, of course, we've just
been talking about a main house. But it looked like then that there
were the cottages along that one side, cottage, cottage, cottage, then
there were a couple trailers, then there was another cottage, from what
I remember. They all looked like separate residences not attached in
any way to the main residence.
MR. SCRIBNER: I don't know if that's the same property.
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November 13,2007
COMMISSIONER FIALA: Oh, okay.
MR. SCRIBNER: I haven't been out to the property itself, but
that is an overhead --
COMMISSIONER FIALA: Oh.
MR. SCRIBNER: -- of what's out there.
COMMISSIONER FIALA: Okay. Is that what I saw?
MR. GALLEGOS: No.
COMMISSIONER FIALA: No, it's not the same property?
MR. GALLEGOS: No, ma'am. It's just like a -- my main house
where I live, and then like a guesthouse in the back. It's a little
guesthouse.
COMMISSIONER FIALA: And there weren't any things along
the side there?
MR. GALLEGOS: No, ma'am; no, ma'am,
COMMISSIONER FIALA: Okay, okay.
MR. GALLEGOS: Probably -- you know, could have been
another property. I don't know, ma'am.
COMMISSIONER FIALA: Oh, okay.
MR. GALLEGOS: And the purpose of me -- I don't work no
more. I can't -- I can't work. I'm done working. My body just gave
up. I've been working since I was seven years old, and I just gave out
out in the fields. They just -- my arms couldn't take it no more.
The purpose of renting that little guesthouse in the back is for me
and my wife to be able -- we're both diabetic and we can get our
medication out of renting that little house in the back.
We went through the Carlos -- the health department and they
gave us the okay, they gave us the license to rent, and that's the
purpose of us renting that guesthouse. That's the reason why we kind
of went -- had to go that way because me and my -- we couldn't work.
We can't work no more. We're -- she's done with the kids, raised 12
kids, and I worked all I could for them. That's all I can do.
I do just appreciate what -- the words that you said, and we'll go
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that way. I appreciate all the help you guys can give me.
CHAIRMAN COLETTA: Well, and I'm going to ask if we can
-- if the County Manager would assist me in this as far as reaching
Rick Heers, explaining the situation to him, be able to compile the
information so we can get a determination if you'd be eligible for one
of these FEMA trailers. I sure hope you are. It would solve your
problems.
MR. GALLEGOS: I appreciate it.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: I think you've addressed the
Issue.
COMMISSIONER FIALA: I think so.
CHAIRMAN COLETTA: Well, I hope so, Commissioner
Henning.
COMMISSIONER HENNING: Yeah. They carne here asking
for assistance and how they can corne into compliance, and I think
you addressed it.
CHAIRMAN COLETTA: Thank you. And we thank you for
being here today, and I'll be getting in personal touch with you, too, as
we work through this issue. Okay?
MR. GALLEGOS: Thank you.
JACOB GALLEGOS: Thank you.
CHAIRMAN COLETTA: Yes, sir?
JACOB GALLEGOS: Quick question. Do -- will any of the
fines -- you know how they -- some of this paperwork I've gotten from
the code enforcement, you know, that it says $500 a day or $1,000,
would that be applied? I mean, because, we're limited on financial. I
mean, we basically live off of what me and my wife make, which is --
it will be a burden for us.
CHAIRMAN COLETTA: Let me try this. First, when did these
fines corne into play?
JACOB GALLEGOS: No. What I'm asking is, will they start to
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pile up because --
CHAIRMAN COLETTA: Oh. I mean, are they already in play
now? Is it occurring at this moment as we speak?
MR. SCRIBNER: No, sir. There's no fines.
JACOB GALLEGOS: Okay.
CHAIRMAN COLETTA: Mr. Mudd, ifmy fellow
commissioners agree, can we hold off assessing any fines until we
bring some sort of resolution to this or at least explore all the
possibilities that are out there for them to be able to follow?
COMMISSIONER COYLE: It's okay with me.
CHAIRMAN COLETTA: Okay?
COMMISSIONER HALAS: Uh-uh.
CHAIRMAN COLETTA: No? I've got two. Do I have one
more?
COMMISSIONER FIALA: (Nods head.)
CHAIRMAN COLETTA: Okay. I have three commissioners
that agree. So we'll be able to put them aside. Of course, now
understand, if we corne to an impasse at that point in time, you'll have
to make your own settlement with code enforcement. We -- none of us
are above the law, but we're going to try to help you comply with it in
every way we possibly can.
Any other comments?
COMMISSIONER HENNING: Good job.
CHAIRMAN COLETTA: Thank you.
Thank you very much for being here today.
MR. GALLEGOS: Thank you, sir.
Item #9G
DISCUSSION WITH THE BOARD TO GET FURTHER
DIRECTION AND CLARIFICATION REGARDING THE
COUNTY ATTORNEY RECRUITMENT SERVICE CONTRACT-
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PRESENTED WITH AN ADDITIONAL MAXIMUM OF $4,000.00
- APPROVED
MR. MUDD: Commissioner, you have a time certain item today
at 10 a.m. That's 9G. That's to initiate a discussion with the board to
get further direction and clarification regarding the County Attorney
recruitment services contract.
Mr. Carnell will present.
CHAIRMAN COLETTA: Okay. Before we go there, I just want
to let the other public petitioners know -- there's still three of them out
there -- I'm going to do everything I can to get you in before lunch.
And I apologize that we have to move forward on these items. I just
wish that we could make the minutes go a little faster, but diligence
sometimes take a little bit longer -- takes a little bit longer than we
anticipated when we set up the agenda.
Yes, please continue.
MR. CARNELL: For the record, Steve Carnell. At your last
board meeting, the five of you approved a contract with Waters
Consulting to provide recruitment services for the County Attorney
position, and we wanted this morning just to clarify a couple of things
and essentially set up a plan with your approval for the actual
recruitment process.
Each of you had received last week a summary document that I'm
going to put on the visualizer here. Thank you. And I realize it's a
little bit hard to read, but let me just walk you through the high points
on this.
And what I'd like to do is get your general approval and
consensus on how we're going to proceed with the recruiting process,
and then we need to get a couple other small issues clarified.
The recruiter, Waters Consulting team, whom you selected
earlier this year, is planning on being here attending your November
27th meeting, at which time they will discuss the recruitment process
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November 13,2007
in more detail and really get it started. They'll be on site visiting that
week. They're going to meet with each of the five of you individually,
and they're also going to meet with some other county staff that they
recommended that they talk to with regard to the functions of the
County Attorney Office and the position.
That -- on the 27th, that individual -- her name is Andrea Sims --
will be presenting to you her finding and having some discussion with
you about how the actual recruitment will begin.
She's going to be issuing a brochure that publicizes Collier
County government and the position, and she's going to be gathering
data regarding that when she comes to visit and then share that with
you on the 27th. So that's the first step in the process that's outlined in
the handout.
In addition, she's going to be scheduled to make three other
visits. After she finishes putting the brochure together and issues the
brochure and advertises the position, her firm will receive the
applications, and she will do an -- a preliminary review of those
applications, and she will target what I'll call, for lack of a better
phrase, the top candidates, or at least the first group of top candidates,
and those people will receive a questionnaire in which more
information will be obtained from them so, in her words, we can have
more of an apples-to-apples comparison of the top candidates.
She'll receive that data, and then she will then appear before you
at a subsequent presentation to tell you about the -- all the applications
received, which will be forwarded to you. Before she presents, you'll
receive copies of every resume for everybody who submits.
And then she'll corne to the meeting and tell you about the
preliminary list of top candidates, her impressions of them, and then
she'll be looking to you for direction with regard to targeting that list
of top candidates who she then will do individual interviews with, then
she'll corne back to you a third time.
And she will at that point recommend to you a short list of
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November 13, 2007
candidates, if you will, for you all to interview directly, and she'll be
sharing all of her findings with you, you'll be in a position to see all
the information she's ascertained and gained, and then the five of you
will select a group to invite to interview on site.
Now, keep in mind, everything I'm saying here is subject to the
volume of candidates received. The process may streamline or be a
little simpler if you have a smaller number versus a larger number. So
I'm talking right now without a firm knowledge of exactly how many
candidates you're going to have.
But the assumption is that there'll be that initial list that she will
identify, bring to you, have you approve, and then she'll go get more
information about those people and bring that back to you as well, and
that's when -- the point in time when you will pick a short list of
candidates to visit you.
And then she will corne back at that time when you -- and help
you conduct the interviews on site here, and she'll set up a schedule
for the candidates to meet with you -- we'll call these the finalists, if
you will -- and to meet with you, and then also to be interviewed by
the board collectively.
Now, this whole process is set up with two or three things in
mind. One, obviously, trying to get the best candidate possible for the
job, create the most maximum amount of interest in the position and in
the agency. It's also, though, to be sure that we conduct this process
totally within the sunshine and we meet all of our requirements there.
And the key aspect there is that as the key decisions are made in
the process, we need the Board of County Commissioners to make
those decisions and to do so in public. So that's what necessitates four
visits from the consultant.
Now, what we wanted you to do today, wanted to get direction
from the board to adopt this process in general, and that will trigger a
visit from Ms. Sims in two weeks in which she'll explain a little bit
more of the detail to you, how she's actually going to recruit the
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position, and at that point you'll send her off officially to start the
recruiting process.
With that, I'll answer any questions.
CHAIRMAN COLETTA: Okay. I think what I'd like to do here
is take the five bullet points in order, and if somebody has something
additional they want to add, then we'll go right to it, just to be able to
keep us from flying from one end to the other. And the first one is
order development requirements for the search as well as inclusion in
the target brochures. Does the board wish to meet Mr. (sic) Sims
collectively, independently, or both?
COMMISSIONER COYLE: Both.
COMMISSIONER HALAS: Both.
CHAIRMAN COLETTA: Okay. Two both, three both.
Commissioner Henning?
COMMISSIONER HENNING: Independently.
CHAIRMAN COLETTA: Okay. That would be -- okay. Well,
we have three -- four for both and one for independently, so it would
be for both.
Then the next one. Mr. Sims would also like to meet with the
following departments.
COMMISSIONER FIALA: Ms. Sims.
COMMISSIONER HALAS: Ms. Sims.
CHAIRMAN COLETTA: Mr. Sims.
COMMISSIONER FIALA: Ms.
MR. MUDD: Ms.
CHAIRMAN COLETTA: Ms. Forgive me, Ms. Sims. Would
also like to meet with the following departments; County Manager,
Risk Management, Human Resources, and County Attorney, in order
to gain input for this search.
COMMISSIONER COYLE: Okay with me.
COMMISSIONER HALAS: Yes.
CHAIRMAN COLETTA: Okay? Okay? Okay?
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November 13, 2007
Commissioner Henning?
COMMISSIONER HENNING: Sure.
CHAIRMAN COLETTA: Okay. The next, Ms. Sims will be --
make a presentation to the BCC on November 27th at 10 a.m. Of
course that's okay.
COMMISSIONER COYLE: What is the presentation going to
consist of? What is she going to present to us?
MR. CARNELL: She's going to give you a summary of what
she's learned about the agency in terms of what she understands to be
your priorities for the position, discuss that with you --
COMMISSIONER COYLE: She's going to do the presentation
after she has met with us individually?
MR. CARNELL: Yes, sir.
COMMISSIONER COYLE: Is there sufficiently time to do that
between now and the 27th of November?
MR. CARNELL: Yeah. She's on notice. It's pending your
confirmation today, she'll be here. And she'll do the interviews.
MS. FILSON: And I've already scheduled the meetings with the
commissioners prior to the 27th. I believe she's going to be here on the
26th to meet with each of you.
COMMISSIONER COYLE: Okay.
CHAIRMAN COLETTA: You're good, Ms. Filson.
COMMISSIONER COYLE: Okay. Then I'll support it.
CHAIRMAN COLETTA: Okay. Okay? Then the board will
have the opportunity to discuss the process with recruiter relating to
applicants. Of course that goes without saying.
COMMISSIONER COYLE: Yes.
CHAIRMAN COLETTA: I don't know why we have to even
discuss that. Ms. Sims will discuss the number of finalists and the
process and determine the finalists. And of course, that goes without
saying, too.
COMMISSIONER FIALA: When will she do that? With us or
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November 13,2007
on the 27th?
CHAIRMAN COLETTA: On the 27th; that's correct?
MR. CARNELL: On the 27th you're going to give her
authorization to go recruit the positions. So you will not be discussing
finalists at that point. That comes later.
CHAIRMAN COLETTA: Yeah. I'm kind of confused. Why
can't we give them direction now and maybe move this so we can
clarify it and they have enough time to prepare everything, or wouldn't
that be proper?
MR. CARNELL: Well, on the 27th -- again, you haven't started
the recruitment process.
CHAIRMAN COLETTA: Okay.
MR. CARNELL: She's here getting information so she can issue
a brochure, post an advertisement, collect resumes. That's all that
you're authorizing on the 27th is to get that done.
CHAIRMAN COLETTA: Yeah. And the only reason I brought
that up, if! remember correctly, these people are under a contract to
provide a service at a fee for -- as the service moves forward for the
demand that we put on them rather than a flat fee. And I was just
wondering if there was some way we might be able to reign in a little
bit of the cost. But if you think it's necessary, I don't want to do
anything that would --
MS. FILSON: Actually, you approved the contract for 28,000
flat. But if I can interject one thing, I heard Steve say she's going to
be here for four meetings, which that will go over the 28,000.
MR. CARNELL: Yeah. We need to discuss that in a moment.
Let me corne back to that because you have an alternative if you want
to hold the cost line there. The contract calls for three visit, but after
working through the process -- we also looked at what the City of
Naples did with their city manager position, tried to model it, frankly,
because their process was reviewed by their council, and they've had a
little more experience with this than we have recently, frankly.
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November 13,2007
And we followed their process. They ended up with four visits.
Now, your option there would be, you could still have the consultant
involved at all four points in the decision process, which we need
them to be, but one of them could be by telephone. She doesn't have to
physically corne, and that would lower some of your cost if she wasn't
here.
CHAIRMAN COLETTA: I like that personally. I don't know
how my fellow commissioners feel about that, but -- let's go to
Commissioner Henning, then Commissioner Halas.
COMMISSIONER HENNING: Yeah, cut the cost. I have a
legal question.
COMMISSIONER HALAS: Not me.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HENNING: Since this has to be done in the
sunshine, is the individual meetings with the commissioners in the
sunshine?
MR. CARNELL: No, no. The meeting with the board that
follows the individual meetings is subject to the sunshine, and that's
where the decision-making will take place.
COMMISSIONER HENNING: Obviously that's in the sunshine.
MR. CARNELL: Yes.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Any other comments from the
commissioners?
(No response.)
CHAIRMAN COLETTA: Do you think you have sufficient
direction?
MR. CARNELL: I do, with one final issue, which we just
touched on. As Ms. Filson just said, the cost is for $28,000 presently,
and that is based on three physical visits by the consultant. We will
need the consultant to participate in four steps in order for all those
steps to be captured in the sunshine.
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November 13,2007
But as an alternative to flying her here for the second visit, we
could have her conference in. Now, she recommended being here.
She thinks there's a value to being able to interact with you all
directly, but she said it could be done either way.
Ifwe do the three visits, then you're looking at 28,000 plus some
expenses -- I'm sorry, plus her fee, a one-day fee of$1,500, because
remember, the contract was based on three -- three visits. If you elect
to have her here, then it could potentially be another couple thousand
dollars because you could be into a second day of services, and then
you've got flight and hotel and some other costs like that.
So I was going to recommend, if you want her here, to increase
the contract by $4,000. If you think it's better to save the money, then
I think I still need $1,500 because I need to pay for a day of her
servIces.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: I think -- I think we ought to do
this the right way. We shouldn't be skimping on recruiting services
for such an important position. I say, get her here, take the money out
of my travel budget, and pay for it. Okay?
MS. FILSON: That would be your entire travel budget.
COMMISSIONER COYLE: Then that will be my entire travel
budget.
CHAIRMAN COLETTA: What's Commissioner Halas going to
do for a travel fund?
COMMISSIONER COYLE: I don't know. He's going to have to
budget better.
COMMISSIONER HENNING: He's going to have to ask me.
CHAIRMAN COLETTA: He'd love that.
Okay. Well, we have a suggestion. I'd like to hear some other
comments. Anyother? Okay. Is that in the form of a motion?
COMMISSIONER COYLE: If you need a motion, that's in the
form of a motion.
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November 13,2007
CHAIRMAN COLETTA: Yeah, I do, but I'm not getting any
discussion going on with the commission. Yes, I think that was a hand
from Commissioner Fiala.
Yes, Commissioner Fiala. Second?
COMMISSIONER FIALA: Yes, I agree -- I agree with this, but
I wasn't going to take anything out of his travel budget, although that's
fine with me. I just felt that we shouldn't skimp on something. If we
find that we really needed another meeting, I would hate not to have it
just because it's going to cost us $4,000, because we want to do this
right, and this is something we expect to live with for many years.
And amortize that 4,000 over many years.
CHAIRMAN COLETTA: If I may, Commissioner Coyle, I
would support your motion if you don't take it out of your travel
budget. We may have some initiatives taking place legislatively
where we'll need a commissioner or commissioners to be able to go to
either Washington, D.C. or Tallahassee to battle for--
COMMISSIONER COYLE: That doesn't make any difference.
I'll go wherever you want me to go, it just won't cost the government
anything, okay?
COMMISSIONER FIALA: Okay.
COMMISSIONER COYLE: It will not restrict me in doing
whatever we need to do from the standpoint of business of Collier
County Commissioners.
COMMISSIONER FIALA: So how about either/or; if we find
we need his money, fine; if we don't, fine, too, but the option is there?
COMMISSIONER HALAS: I think you should have travel
money, to be honest with you.
COMMISSIONER FIALA: But I appreciate the thoughtfulness.
COMMISSIONER COYLE: Well, I mean, we're facing some
difficult budget decisions, and I think that we have to corne to the
realization that we can't just increase obligations without making some
sacrifices somewhere.
Page 53
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November 13, 2007
COMMISSIONER HENNING: Absolutely.
COMMISSIONER COYLE: And so I -- I'm -- I still think it's a
good thing to do. I don't think it's going to cost $4,000.
MR. CARNELL: That's a top-end cost, sir, and that would only
be if we got charged two full days of consulting. I think it's much
more likely we'll get charged a day. I haven't talked the actual
logistics. I think it's very possible it could be 1,500, maybe $2,000.
But I was just giving you a top-end number.
COMMISSIONER COYLE: Okay.
CHAIRMAN COLETTA: So restate your motion, please, and
we'll --
COMMISSIONER COYLE: I would suggest we have a
face-to-face -- fourth face-to-face meeting with the recruiter and that
we pay for the increased cost from my travel budget. If my travel
budget isn't sufficient, maybe Mr. Carnell --
MR. CARNELL: I can work with the budget office to --
COMMISSIONER COYLE: Find some additional money
somewhere.
COMMISSIONER FIALA: Second.
MR. CARNELL: Are you making a motion, sir?
COMMISSIONER COYLE: Yes.
MR. CARNELL: Could I ask you to reconsider the wording?
What I'd like you to do is to adopt the proposed plan that I've
presented to you because that takes into account four visits in the
order and the sequence, and then authorize a maximum of 4,000
additional dollars if that's -- if you're comfortable with that.
COMMISSIONER COYLE: Then I'll make a motion that we
adopt the plan as presented including four visits for a maximum
increase in cost of $4,000.
CHAIRMAN COLETTA: Okay. Do you agree with the restated
motion.
COMMISSIONER FIALA: Yes, I do.
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November 13,2007
MS. FILSON: To be taken out of your travel?
COMMISSIONER COYLE: To be taken out of my travel
budget.
CHAIRMAN COLETTA: Okay. All those in favor of the
motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 5-0. And we're
going to take a 10-minute break.
(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 COLETTA: Mr. Mudd, I'd really like to try to
make an effort to get through two public petitions before we go to our
11 o'clock time certains. So let's go right to the next one, please.
Item #6B
PUBLIC PETITION REQUEST FROM PASTOR WILLIAM A.
KIRLEW TO SEEK AN IMP ACT FEE CREDIT - DISCUSSED
MR. MUDD: 6B. That's a public petition request by Pastor
William A. Kirlew to seek an impact fee credit.
Pastor?
CHAIRMAN COLETTA: Please state your name, for the
record, sir.
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November 13, 2007
PASTOR KIRLEW: William Kirlew, church pastor of the
Bethesda Corkscrew Seventh Day Adventist Church. Address, 2430
56th Avenue Northeast, Naples.
The church -- future church location is Immokalee Road on Lilac
Lane. My petition is impact fee credit for the building of the new
church. The reason why? First I should say, I have with me Gerry
Neal from Hole Montes, and I have Dave Walker, contractor. If you
want to ask questions I can't answer, they might be able to answer.
The reason why I'm asking you for impact fee credit, we are on
15 acres ofland. We have given to the county 330 feet by 50 deep to
make a turn lane from Immokalee Road to Lilac.
Secondly, we are asked to pave 540 linear feet 1,540 square
yards of pavement and to put in two sidewalks on Lilac Lane.
The proposed Limpkin Road running from Sumter Road
west/east to Lilac will pass through the property, and that will be
about 660 feet by 60.
We are offering all this land free. We are asked to pay $10,367
for a sidewalk. We think that this is a little excessive. Weare not the
only users of Lilac Lane. Other people live on the lane.
And with this in mind, I'm appealing to the commissioners to
remember it is a church. A church in any community that is
functioning effectively will be service to the people and get peace and
tranquility to the community. It will be nice if you could give us a
nice Christmas present by reducing this impact fee.
CHAIRMAN COLETTA: Yes, sir. First off, I want to thank
you and the church for all that you do for the people of Immokalee.
But with that said, too, there's certain things that I have to know the
answers to. The land that you're giving freely of -- and those
donations are always appreciative of the county, was that part of your
PUD; in other words, when it was put together, was that part of the
requirements that that land be donated?
MR. KIRLEW: No, we buy -- we bought the property, and after
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November 13,2007
we bought the property, we were told that this road will corne through.
And we are prepared, if the road is corning through, that we'll donate it
to the county.
CHAIRMAN COLETTA: Forgive me, sir. Maybe I should ask
staff. This land here that we're talking about donated, donations, is
there something tied to it as a stipulation of the PUD order, or is this
something that's completely separate of that? I really need to
understand that better as a --
MR. KLATZKOW: For the record, Jeff Klatzkow, County
Attorney's Office. There were a number of conditions placed when
this conditional use was approved, and one of those conditions was the
donation.
CHAIRMAN COLETTA: So it was already -- it's not something
that even -- they were giving freely of it at the time, but that was one
of the conditions of the conditional use?
MR. KLATZKOW: Yes, sir.
CHAIRMAN COLETTA: Yeah. And this is pretty standard
procedure in Collier County in order to be able to get the
infrastructure and improvements through that would benefit you and
the members of your church and the residents of Immokalee.
We do it throughout the whole county. In some cases it runs like
to $50 million. We have one corning before us that has to do with
improvements, commercial improvements, to the 41/951 corridor. In
order for that to go forward, we're requiring the developers to not only
pay for it, but to build a section of road and do all sorts of
improvements to the intersection at $50 million. Without those
improvements, there's no justification to let them go forward.
I think about the same holds true with your church, because my
advice to you would be, if it was not a condition of any PUD order or
conditional use, that you hold the county responsible for it and ask for
your just fees from this, because that's entirely within your right to do
it. But it sounds like something that you bargained as part of the
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bargaining process to get the conditional use at the time.
But I would like to hear from staff because what we're talking
about is, you're looking to make improvements to a road and that
improvements -- because we have had in the past where people have
done certain things, like this consortium -- well, I don't know about
with them, but we've had cases where people have made
improvements to the infrastructure and credit was given for the impact
fees that were going to be paid.
But I'd like to hear from staff in this particular case how this
would apply in this particular situation, and then we'll get right back to
you, sir. I don't want to cut you short. We do need some answers
from our staff before we can proceed, and then we'll corne back to
you.
MR. KIRLEW: Okay.
CHAIRMAN COLETTA: Who wants to address that? Nick, did
you want to address that?
MR. CASALANGUIDA: Sure. For the record, Nick
Casalanguida with Transportation.
Also in the conditional use that the County Manager had on the
screen, as part of this, there's a public petition process. It specifically
states right above the parentheses about -- in paragraph 2, Lilac Lane
shall be paved from Immokalee Road to the project driveway
entrance.
That was one of those, when you have a conditional use as well
and you have a neighborhood meeting, that's a typical requirement.
You're putting a commercial use in a residential area, so they're asking
you to pave to your property entrance. So it's also a stipulation for the
conditional use.
Secondly, we don't provide impact fee credits, and it would be
detrimental to the road program if you did for projects like this. You
could have a single-family home saying, I want to use impact fee
credits to pave my dirt road in the Estates. Your impact fees are paid
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for road capacity improvements, and so that's where those two things
corne from. It's a stipulation of the conditional use, and we can't grant
impact fees for paving of a road that doesn't provide additional
capacity to the general public.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: That's exactly what I was going to
point out. The gentleman wasn't really asking to be given a credit for
the Immokalee Road dedication. He was asking to be given a credit
for the paving of Lilac Lane, which is also part of the PUD,
unfortunately, for him.
MR. CASALANGUIDA: Yes.
COMMISSIONER COYLE: So both of them were specified to
be donated as part of the approval of the original PUD, so you can't
double dip now and give an impact fee credit for it, although I'd like to
find some way to help, but I don't know how to do it.
CHAIRMAN COLETTA: Okay.
MR. CASALANGUIDA: I don't think you can go through the--
you'd have to go through the conditional use process or some sort of
zoning application.
CHAIRMAN COLETTA: The way the public petition process
works, sir, is -- and I believe I suggested that you try it -- is it gives
you the ultimate ability to be able to interact with all five
commissioners without paying a fortune for an attorney and going
through a long, drawn-out process. You're exhausting it, your option,
at this end fully by bringing it before the board.
At this point in time, we would have -- we have two choices.
One, to basically accept a status quo that now exists or, two, to be able
to put it on an agenda for a future meeting. However, with that said, I
don't think there's enough support on the commission to bring it back
to another meeting because of the prevailing circumstances that we
see in this particular case.
However, with that said, I do realize the extraordinary needs of
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your church to be able to survive these troubled times and to be able to
meet the needs of your parishioners. And if you'll like, I'd be more
than happy to work with you on a fundraiser within the greater Collier
County community to try to offset some of these funds.
MR. KIRLEW: Yes, I would appreciate that, Commissioner
Coletta.
CHAIRMAN COLETTA: Okay. I'll be in contact with you, and
we'll see what we can do, and we'll have a good time doing it, too.
Anything else from my fellow commissioners?
(No response.)
CHAIRMAN COLETTA: Seeing nothing, thank you very much
for being here today, and I will be in touch with you.
MR. KIRLEW: Goodbye.
Item #6C
PUBLIC PETITION REQUEST FROM SUSAN L. THOMPSON
TO DISCUSS THE AMENDED WILLOW WEST STORMW A TER
IMPROVEMENT PROJECT - TO BE BROUGHT BACK AT A
FUTURE MEETING - CONSENSUS
MR. MUDD: Commissioner, that brings us to item -- public
petition 6C. It's a public petition request from Susan L. Thompson to
discuss the amended Willow West Stormwater Improvement Project.
Just state your name for the record when you start.
MS. THOMPSON: My name's Susan Thompson, 37 Mentor
Drive in Willow West.
I want to thank the commissioners for allowing me to corne
before you to discuss the Willow West Stormwater Improvement
Project. We have two major concerns with what was approved at the
March 27,2007, meeting with stipulations and are hereby requesting
reconsideration of that decision.
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Those two issues are smaller swales and using the already
allocated county funding to pay for the culverts and driveways.
The original retention stormwater system was approved in 1989.
Front swales were approved to be the V bottom at the lower right-hand
corner of your screen there with 4-1 slopes versus what is now six-foot
bottoms with 3-1 slopes on the new plan.
Rear swales were to be, on the left-hand side there, seven-foot
bottom within IS-foot easements and 20-foot bottom within 30-foot
easements -- excuse me -- with 4-1 slopes again versus inclusion of
these rear swales -- no inclusion of these rear swales in the current
calculations.
Many of the rear swales are per the original plan and currently
hold plenty of water for retention purposes, but approximately 40
percent of the 48 rear lots are filled in with dirt and/or infiltration
systems.
The new stormwater system, which addresses retention and
discharge of stormwater, was designed to make up the loss of retention
area but fails to allow for other important considerations.
The reasons that you should approve a reduction in the front
swales to four feet or less are: A sidewalk was installed by Collier
County Parks and Recreation on the south side of Mentor Drive. The
park and the sidewalk were put in without approval from the Willow
West homeowners. As per the declaration of covenants Willow West,
section 1, lot usage, which states, all lots within the subdivision may
only be used for single-family residential purposes.
The sidewalk is not level and is mostly underwater and a safety
hazard. Much of the year it cannot even be used.
This sidewalk is approximately five feet into the south side lots
and will cause the swale center line to be that much farther into those
lots. This means the homeowners on the south side of Mentor will
lose five more feet of their yards. The swale size should compensate
or be reduced for this loss. In other words, we're asking that the swale
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on the south side of Mentor be less than four feet wide.
The enormous size of these swales is for lots as large as those in
Golden Gate Estates, not like our neighborhood with approximately
80-foot by 120-foot lots. They should at least be in keeping with the
surrounding neighborhood of Willoughby Acres, such as that of95
Mentor Drive. We believe that that is an acceptable size lot, or swale.
Existing rear swale retention is not being taken into account in
the current calculations. These areas that currently fully retain water
can be used to reduce swale sizes in the front swales.
Finally, with such large holes in the front yards, we have a loss of
use of the front yards, and the property values will be reduced. This
does not bode well as an additional reason for values to be reduced in
this climate of falling prices and a large amount of inventory on the
current market. Reduced property value will also diminish homeowner
pride and the integrity of our community.
The stipulations in the March 27, 2007, approval are that the
homeowners should set up a property owners' association or set up an
MSTU to cover the culverts and driveways and address the rear lots.
The declaration protective covenants of Willow West does not provide
for an association to be set up or collection of assessments without the
100 percent approval of all 48 owners and all lien-holders. That is
simply not possible.
MSTU is not reasonable, as I'm going to discuss further.
There have been changes made to the original stormwater system
over time due to various reasons, and following are the reasons why
the county should pay for the culverts and driveway installations.
David Schmitt ofQ. Grady Minor, the design professional on this
project, stated in his August 27th memorandum to county staff, quote,
in many instances, the lots were not constructed with rear lot drainage
swales. Driveways were constructed with culverts and the culverts
were set at higher elevations, generally closer to catch basin top
elevation of 12.15, rather than the desired 11.15, and the adjacent
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November 13, 2007
swale bottoms were set at 12.15.
In many cases Collier County staff may have set culvert and
swale elevations at those higher grades due to potential belief that the
controlling elevations were the catch basin tops, unquote.
Other examples of the changes made to the original stormwater
plan from 1989 are that permits were approved to allow homeowners
to change the preexisting inverted driveways to culverted driveways at
the wrong elevations. Permits were approved to allow homeowners to
install infiltrator systems in the rear swales, reducing the amount of
water retention.
Homeowners filled in their front and rear swales without county
approval, and code enforcement has not been effective.
And most importantly, in the last one to three years, permitting
and inspections of new homes failed to follow the original
developmental plans and caused a complete failure of that original
plan.
Furthermore, with the changes made to date, we have more of an
ongoing failure of the new system unless the drives and culverts are
addressed. The water will not flow uphill. All these problems have
contributed over time to block water flow.
David Schmitt (sic) agrees and states, the result of mixed
construction has been a stormwater system that does not function as it
was originally designed; therefore, these are the reasons why you
should approve our request for making an exception to the county's
policy for Willow West.
The funds have been allocated for the project and you should
approve the funds to be used to finish the project to include reducing
the size of the swales and include installing the culverts and
driveways.
As it stands right now, we have large six-foot bottom 22- to
24-foot wide swales that will not allow any water to be discharged
because the driveways are blocking the water flow. They are holding
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large amounts of water, which has become a public safety concern.
On Johnny Cake Drive, the owners have already paid for their
driveways to be done, and we are requesting reimbursement to those
individuals as well.
I also have other photos on the swales of Johnny Cake Drive,
after one hour of rain and some other examples of what has been done.
If you could pass these, Mr. Mudd, over to the commissioners.
Thank you for your time, and I'll be happy to entertain any
questions at this time.
CHAIRMAN COLETTA: Commissioner Halas?
COMMISSIONER HALAS: Yes. First of all, I'd like to say that
you did an outstanding job in the briefing book in regards to bringing
this particular issue back to light before the county commissioners.
I feel that what was presented to us on March 27th was
incomplete in the sense that we didn't realize, or I didn't realize and I
don't believe the other commissioners realized, the magnitude of what
some of the swales were going to entail.
I think most of us felt that when swales are there, that they would
be something of maybe two-foot wide and maybe a foot and a half,
two-foot deep. What we have here, this wasn't brought to our
attention at the point -- this point in time.
I would like very much, if I can get the support of my fellow
commissioners, to bring this back to the next meeting so that we have
a full, complete airing on exactly what's going on with this project and
what we can do to address the issues and the concerns that each of you
-- or that the citizens in this area have.
We realize that this is a huge stormwater problem that's been
there for many, many years. In fact, I think because of the fact that
the area's so low, it's almost like it's in a floodplain, so we have to
figure out the best way to accommodate the water flow there.
So that's where I stand on this issue, and I hope that we can bring
it back for a full airing at the next meeting.
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November 13,2007
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: You know, if you look at the
minutes, I didn't support this project, and the reason I didn't -- and it's
just because why you're here today -- is I thought because, we've done
it in the past, those culverts and driveways would be at expense of the
county. And I still believe that.
And I think this issue needs to corne back, but I need to
understand, if we're going to do a project, we can't under-build for the
capacity in the neighborhood. So I need to understand that
engineering, being a non-engineer. And that's the direction from staff,
so I'm supportive of bringing it back.
CHAIRMAN COLETTA: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. I, too, support it. I went over
to see the properties, drove up and down all of the streets, and in many
case it looked like overkill. I was amazed. You could lose a kid on a
bike in there in some of those swales, it looked like, and so I, too,
would like to see it corne back.
CHAIRMAN COLETTA: Thank you. I have no problem with
bringing it back; however, I've got concerns when we have to address
this as an issue that's countywide rather than regional. And, you
know, we've been trying to corne up with a possible program whereby
we could split the cost over three different entities, being the
homeowner, county, and water management, which sounded, in
theory, to be a good idea.
Now we're at the point in time where we're starting to run into a
budget crisis. We are running into a budget crisis, you know. I'm not
too sure what the outcome's going to be. I do know that there's some
great needs in my area of the county for better drainage than exists
presently, and so I'll be watching this with the greatest of interest to
see which direction it's going to go. But I have no problem bringing it
back, and I'll support that part.
Commissioner Halas?
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November 13,2007
COMMISSIONER HALAS: I just want to say that I want to
thank the citizens for trying to work through this issue, not only
through my office, but also with staff.
And is staff -- do you have any comments or concerns that you
want to address at this time before we bring this back to the next
meeting? If not -- it's up to you.
MR. CALVERT: Commissioner, for the record, Gene Calvert,
stormwater management. We're fully in -- supporting of bringing this
back to the board.
COMMISSIONER HALAS: Okay. And, again, I want to thank
the citizens. It was -- we've had a couple of meetings with the
citizens, with staff. Everybody was present at the table trying to work
through this until we got to this point, and felt that the citizens need to
have this initiative to corne forward. And I want to thank you very
much for your time.
And as I said, your briefing book was outstanding. We should
have people like you on the staff when we go to Washington and then
start looking for some additional funding down there. Thank you.
MS. THOMPSON: Thank you very much.
CHAIRMAN COLETTA: Okay. I think that's sufficient to be
able to put it on a future agenda, Mr. Mudd?
MR. MUDD: Got four nods.
COMMISSIONER HALAS: Next meeting.
CHAIRMAN COLETTA: Well, let's let the County Manager
weigh this out to try to see how it's going to corne out. I don't know
how heavy next meeting is or the meeting right after that. I mean, this
is important that we get it resolved, but we have the whole dry season
to be able to work with, and I want you to make very best use of the
time available to be able to see when you think it should be put in.
That would be my own personal feelings on it.
Thank you very much for being here today.
MR. MUDD: We'll make sure, whichever meeting it's
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scheduled, we'll get ahold of you and let you know, okay? Make sure
that happens.
MS. THOMPSON: Wonderful, thank you.
CHAIRMAN COLETTA: Thank you.
MS. THOMPSON: Thank you very much.
MR. MUDD: Commissioner, we have a time concern at 11. We
have one more public --
CHAIRMAN COLETTA: Let's go with the one more public
petition so we can clear that off the dockets, because once we start on
what we have to do, it's going to the end of the day.
Item #6D
PUBLIC PETITION REQUEST FROM WILLIAM L. KLOHN TO
ADDRESS RECOMMENDATION OF THE AFFORDABLE
HOUSING COMMISSION - MOTION TO BRING BACK AT THE
DECEMBER 1 L 2007 BCC MEETING - APPROVED
MR. MUDD: This is 6D. It's a public petition request by
William L. Klohn to discuss a recommendation of the Affordable
Housing Commission.
MR. KLOHN: Good morning, and thank you, Chairman and
Commissioners, for this time this morning. My name is William
Klohn, for the record. I'm president of MDG Capital Corporation.
We've been working on our Fountain Lakes CWHIP project for nearly
a year now all summer, working with staff and the Affordable
Housing Commission, and are here today to request your support of
certain project incentives which are desperately needed to achieve
affordability in perpetuity for this project.
If time permits, I'll go through some of the information on the
charts to show you how perpetuity works, and it's our goal to have a
30-year perpetuity of affordability.
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November 13,2007
Community Workforce Housing Initiative Pilot Program is the
long name for CWHIP. In our application this year, we have our
identical members as last year, which is the Sheriffs Office of Collier
County, NCH Hospital, Regional Medical Hospital, Collier County
public schools, and the City of Naples. Today we have a number of
our members represented, which includes Torn Eastman with the
Collier County schools and Greg Smith with the Sheriffs Office of
Collier County.
We also have Ken Kelly here of the Affordable Housing
Commission if you've got any questions of him.
And as I recall, Torn, the list is also growing for additional
members to be on the essential services personnel group; is that
correct?
MR. EASTMAN: That's correct, for the fire district.
MR. KLOHN: The fire district, good.
I'd also like to thank County Manager Mudd, Leo Ochs, Marcy
Krurnbine, Joe Schmitt, Amy Patterson, and members of the
Affordable Housing Commission for their time in meetings to discuss
the incentives.
Greg, if you could now pass out those handouts.
While Greg is passing out some handouts, let me share with you
some of the conversations that I've had on various holidays and
motorcycle trips with Representative Mike Davis. Mike always said,
you get a good contractor and a good architect, and you can build
affordable/workforce housing, but the key is affordability in
perpetuity.
MDG has built hundreds of affordable housing units here in
Collier County, but one and two and three and four years later, they're
not affordable anymore. What the CWHIP program does is provides
incentives and mandates for affordability in perpetuity, such as
bonuses for long-term commitments.
Mike's comment was, we simply need to figure out how to
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November 13,2007
maintain affordability in perpetuity, and the CWHIP program does it.
Over the summer, we had legislative changes. You'll recall that
there were some flaws in last year's CWHIP program. We now have
succeeded and those items are fixed.
If you look at the one handout, it's a single page with some
yellow on it. I've highlighted the areas where there's now a cure
period. I've also outlined for you the opening cycle date and the
closing cycle date.
The incentives that we're going to be talking about or that we're
requesting that you support today, they're very time sensitive. When
that application opens, I am hoping that we can corne back before the
commission one more time for the final blessing of the requested
incentives in December. If they go beyond the opening cycle date, I'm
afraid that they won't be counted. So it's important and it's time
sensitive for us to consider when we're talking about the timing of the
incentives.
With regard to a CWHIP project or an affordable housing project
in general, it takes the ingredients of a wonderful cake to make it
happen. We need the participation of not only the employers, not only
the developer, but also the local governments.
At your leisure, please read this document. This is the first six
pages of the CWHIP legislation. It stresses and stresses and stresses
and nearly begs for local governments to provide the incentives for
CWHIP programs across our 67 counties.
MDG feels that it's equally important to garner competitive
financing. Tomorrow at this time I'll be in front of another board in
hopes of approval of a bond inducement for $25 million for this
project. The $25 million, if induced by Don Pickworth's entity, would
provide affordability in perpetuity because of our 5 and a half percent
money, and that's if it was funded today. We know rates are not going
up. They're actually corning down. And we're crossing out fingers
that by the time we would fund this in July, that we may even have a
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lower bond interest rate.
The other interesting thing about our program, it's all really corne
together. The CWHIP program goes up to 140 percent of AMI for the
various employers and employees. It was very coincidental and just
dumb luck that Don Pickworth's bond program -- because Collier
County is in a go-zone, which is a national designation as a result of
Hurricane Wilma -- that program was also lifted to 140 percent AMI.
One of the other incentives that we're going to be asking for is
that we amend the Local Housing Assistance Program, the LHAP, to
increase the AMI to 140 percent for this SHIP project.
The other thing that we've done, too, to create affordability in
perpetuity, a $25 million bond issuance at 5 and a half percent is
wonderful, but unless you can preserve that interest rate, the therefore,
we're going to continue to utilize the cooperative concept where the
cooperative's actually the borrower, and as the slices of pie move in
and out with the sheriffs deputies and the teachers, that money is
preserved until the full 30 years' amortization of that bond.
I'd now like to read to you the endorsement of the incentives that
have been summarized in the affordable housing --
CHAIRMAN COLETTA: If! could, Bill -- I don't want to
interrupt you, and I think you're going to find that you've got quite a
bit of support on this board for the item.
I just wanted to check with the County Attorney. The action
they're asking us to take today -- Mr. Weigel?
MR. WEIGEL: Yes.
CHAIRMAN COLETTA: Yes. The action they're asking us to
take today, is that something we could do or is this something we'd
have to bring back at another meeting, an advertised meeting?
MR. WEIGEL: Well, your policy is to bring it back to a regular
meeting -- a regular meeting, but it's just policy, so you have the
option of going outside of policy and making a determination, if you
wish. And Mr. Klatzkow may have some additional comment on that.
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November 13, 2007
CHAIRMAN COLETTA: Yeah. And my concern is this might
have e-reaching implications to the rest of the affordable housing
market. And even though I'm very supportive of what CWHIK (sic)
and Mike Davis put together, I'm concerned that if we move this
forward today that we may not give the rest of the industry out there a
chance to respond.
Yes, Jeff.
MR. KLATZKOW: Yeah. I would recommend that if the board
is interested in moving forward with this project that it direct staff to
corne back to you with options on this. There are a number of issues
that I've talked to staff about that we're concerned about it. We'd like
to be able to work it through so we can move this project forward, but
we do need to corne back with this.
CHAIRMAN COLETTA: Bill, let me ask you this. I know
you're running against the time constraint, and we don't want to be the
cause of you losing out on this. If we move this to our next meeting,
which would be the 21 st --
COMMISSIONER HALAS: 27th.
MS. FILSON: 27th.
CHAIRMAN COLETTA: -- 27th of this month, will that still
bring you within that time frame?
MR. KLOHN: Yes, sir, that's perfect.
CHAIRMAN COLETTA: Yeah. We really need to do that to be
-- to meet the public need out there for full disclosure.
MR. KLOHN: That's fine. When a motion might be made, if we
could also include not only the developer working with staff and the
County Attorney's Office, but also to allow the creation, if you will, of
the ordinances recognizing that we'd still have to work through the
approval process. But I'd like the ordinance --
CHAIRMAN COLETTA: I understand.
MR. KLOHN: -- where necessary to be drafted.
CHAIRMAN COLETTA: Rather than the ordinance be drafted
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after the fact and another delay of another two weeks, and we're
getting into the holiday season and one thing leads to another.
Now, I'll be more than -- I see Commissioner Coyle wants to
speak, sir, and I'll be right to you.
I'm -- hi, Marjory (sic), I'm sorry. I didn't see you. You've got to
raise your hand so we can see you. There we go.
MS. KRUMBINE: For the record, Marcy Krurnbine, Director of
Housing and Human Services. We specifically asked Mr. Klohn to
corne to this meeting so there would be sufficient time for staff to then
corne back at the December meeting with an ordinance and the
changes that we need. There is no way that we could have those
changes ready for the next board meeting.
CHAIRMAN COLETTA: And I recognize the fact that we've
given prior direction to the staff to first bring the item to us to bring
back the ordinance as a separate issue. In this case here, I think the
time factor entering in as it is, I'm going to make a motion that we
bring it back at the next meeting with the sample of the ordinance in
place. I'm sorry.
COMMISSIONER FIALA: That isn't what she said.
MS. KRUMBINE: No. It would have to be the December
meeting because actually our agenda items are almost already in for
your next board meeting. So we still have time for the December
meeting to bring it to you in December for you to take action on it to
still then be ready for his submittal in January.
CHAIRMAN COLETTA: So in other words, you have another
number of issues corning before us at the next meeting, correct, that
you want us to be able to rule on before we go to this, before we go to
CWHIK (sic)? Is that what you're saying? I'm a little lost.
MS. KRUMBINE: No. What I'm saying is that there's two
specific items that we're going -- we need to work on. One would be
amending the LHAP and the other would be to create a new impact
fee ordinance specifically for the CWHIP project. In order to do those
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November 13,2007
things, we would need to bring them for your December meeting. We
would not be able to do it for November 27th, and that would be
sufficient time for you to act on it.
CHAIRMAN COLETTA: Bill, do you agree, or is this going to
raise a problem with your time table?
MR. KLOHN: The cycle opens December 31st, so if we can
work diligently with staff and the County Attorney's Office to work
through the ordinances, the December meeting is fine.
CHAIRMAN COLETTA: Okay. And I'll make that part of my
motion for that particular date and time.
MR. WEIGEL: Mr. Chairman, and I'll add that I think that
works very appropriately because although the staff, County Attorney
Office, working with Marcy, could bring back something for you to
review at the next board meeting, which is what you were suggesting.
If you gave authorization at that point for the ordinance to go forward,
the advertising requirements required by law would make it unable to
come back at the December 11th meeting. So this -- what you're
suggesting right now in the motion you're about to make to have the
ordinance come forward at that December 11 th meeting, sound likes,
works well for everybody.
CHAIRMAN COLETTA: Okay. That's my motion.
Mr. Mudd, you had a comment to make before we get to see if
there's a second?
MR. MUDD: I just need to ask two questions between Bill and
the County Attorney. If you're going to amend those ordinances for
the 11th of December, we could go and advertise those changes so that
they are, in effect, ready for December 11 th so that the board can act
upon them. That's a statement but really is a question.
And the second question I have is, Bill, what do you need from
this board to be the CWHIP applicant for Collier County for this
cycle?
MR. KLOHN: It's one of the items in the Affordable Housing
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November 13,2007
Commission's recommendations that the Fountain Lakes project be a
recognized CWHIP program in the 2007/2008 cycle.
MR. MUDD: Do you need a resolution from the Board of
County Commissioners stating such for your application?
MR. KLOHN: I think that the minutes of this meeting is
probably good enough.
MR. MUDD: All I'm doing is making sure that your application
is foolproof, bulletproof and that if you need a resolution -- I mean, I
remember the last CWHIP application we had, and I believe the board
had a formal resolution whereby they approved that as their sole
application for the CWHIP cycle and that's all.
MR. KLOHN: Well, let's do the same thing then just to be safe.
CHAIRMAN COLETTA: And I'll include that.
COMMISSIONER HALAS: And if you are looking for a second
CHAIRMAN COLETTA: Let's--
COMMISSIONER HALAS: -- I'll second it.
CHAIRMAN COLETTA: Okay. I include that in my motion.
And you include it in your second?
COMMISSIONER HALAS: Yes.
CHAIRMAN COLETTA: Okay. And with that, let's go to
Commissioner Henning, then Commissioner Coyle.
COMMISSIONER HENNING: Okay. We took care of number
one. I think that we need to go down the line, Commissioner.
CHAIRMAN COLETTA: Okay, fine.
COMMISSIONER HENNING: Number one, we just did.
Number two, we just gave direction in the -- in your motion. Number
three, it would be an applicant from the partnership for a -- for the
SHIP money; that's correct?
MR. KLOHN: That's correct.
COMMISSIONER HENNING: We don't have to take action on
that. Number four, I'm sure that's happening now, so if it changes --
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November 13,2007
MR. KLOHN: That's actually reaffirmation because we have our
fast-track certificate now.
COMMISSIONER HENNING: Okay. We don't have to take
action on that.
MR. KLOHN: No.
COMMISSIONER HENNING: I didn't think so. Impact fee
deferral would be a part of the million-dollar SHIP funds if you
receive it?
MR. KLOHN: No. That is a separate program. The impact fee
deferral program that we're proposing is not part of the countywide
program. It's independent to be specific to the CWHIP program. And
I can ask Amy to address any questions that -- as to how she may have
gotten to the justification of the impact fee deferral program for the
project.
COMMISSIONER HENNING: Actually you and I spoke about
that, and it's -- I'm okay with that.
MR. KLOHN: Yeah. At one point you thought it was tied to
SHIP, but it's two separate programs.
COMMISSIONER HENNING: Right. Well, I understand what
you're doing with that payback of that deferral, so --
MR. KLOHN: Correct.
COMMISSIONER HENNING: Allow a special exception to the
concurrency standards.
MR. KLOHN: Let me explain what that means, Commissioners.
As you move through a project, there's sometimes tight spots in your
site plan. As an example, we've been working with transportation on
some reservation of Lords Way. In the event that our site plan may be
set today and future right-of-way is asked to be reserved and we have
to reduce our buffer, as an example, from a 25-foot buffer or a 20-foot
buffer down to 15 feet, it's those kinds of items.
COMMISSIONER HENNING: So that's a -- actually a -- an
exception to the Land Development Code?
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November 13, 2007
MR. KLOHN: That's correct.
COMMISSIONER HENNING: Okay. I'm not sure if staff has
the ability to do that without coming to the board, but we can get
clarification on that.
The BCC supporting housing financial corporation (sic) is tax
exempt financial for this project. That's through --
MR. KLOHN: That's the Housing Finance Authority of Collier
County.
COMMISSIONER HENNING: Yep.
MR. KLOHN: We're not asking the county to participate in any
guarantees of any bonds or any exposure. As I understand it --
COMMISSIONER HENNING: That will come back to the
board and --
MR. KLOHN: Typically it's on the consent agenda and gets
pulled.
COMMISSIONER HENNING: Yes, it is, but I'm not sure about
number six, whether the staff has the authority to do that. You have
all the approvals, now you're just having to go through to get your
DO, correct?
MR. KLOHN: Site -- the site -- yes, the Site Development Plan
process.
COMMISSIONER HENNING: Okay. Yeah, I -- I just have a
problem with that one, almost like you need an amendment to the --
your PUD.
MR. MUDD: Depends on what they're waiving.
COMMISSIONER HENNING: Pardon me?
MR. MUDD: Depends what they want to waive.
COMMISSIONER HENNING: Yeah. Whether it's substantial
or not?
MR. MUDD: Yes, sir.
MR. KLOHN: And we don't see anything substantial.
COMMISSIONER HENNING: Right.
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MR. KLOHN: I'm just going from the toolbox list of
recommended incentives by the state, one of which is -- the program
encourages local governments to remove regulatory barriers and adopt
development processes and land use incentives to support the creation
of affordable housing.
COMMISSIONER HENNING: Right. But I'm not going to give
away my legislative authority.
MR. KLOHN: Okay. Would it be appropriate to--
COMMISSIONER HENNING: We don't even know if we have
a problem.
MR. KLOHN: Correct.
COMMISSIONER HENNING: Right.
CHAIRMAN COLETTA: How about on number seven,
anything you want to add --
COMMISSIONER HENNING: No, that's going to come back to
the board on the consent agenda, as it always does.
CHAIRMAN COLETTA: Okay, great. Let's go to
Commissioner Coyle.
COMMISSIONER COYLE: I just wanted to point out that the
Affordable Housing Commission does have some disagreement with
some of these issues, at least one of these issues, and the staff, I hope,
with their guidance from the board, will resolve this before they bring
legislation back for our review at the next meeting, okay?
CHAIRMAN COLETTA: That's fine, yeah. We do have the
Affordable Housing Commission chair, but I don't think we need to
call him forward at this time.
COMMISSIONER COYLE: No. They've responded to this and
they've recommended we deny their request under item number three
or item -- yes, item number three.
So we need to resolve the differences between these
organizations before somebody brings legislation forward for our
approval. I would not like to come to the next meeting and find out
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that these objections still exist. So the staff has to resolve these
problems and give us some recommended solutions before they come
back, okay.
CHAIRMAN COLETTA: Possible solutions. We've also got to
remember that the commission is put together with a whole bunch of
different competitive interests out there, all looking for the same dollar
base, so we'll have to weigh everything at that point in time that it
comes back to us, and hopefully you'll be here at the time -- and I'm
addressing that to the chair of the Affordable Building Commission --
to be able to answer any questions that we have. And we don't want to
get into that dialogue at this time.
MR. KELL Y: I will.
CHAIRMAN COLETTA: Okay. With that, we do have a
motion, we have a second.
Is there any other comments?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 5-0.
Thank you, sir.
MR. KLOHN: Thank you very much.
CHAIRMAN COLETTA: We've got a time certain, Mr. Mudd,
we're about a half an hour late --
MR. MUDD: Yes, sir.
CHAIRMAN COLETTA: -- twenty-three minutes late.
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Item #9 A
DISCUSSION BY THE BOARD MEMBERS TO CONSIDER
DELAYING THE INCREASE IN IMP ACT FEES FOR
APPROXIMATEL Y 6 MONTHS FROM JANUARY 2008. THIS
REQUEST ORIGINATES FROM CORRESPONDENCE
RECEIVED NOVEMBER 2,2007 FROM THE GREATER
NAPLES CHAMBER OF COMMERCE PRESIDENT, MICHAEL
REAGEN. THE DELAY MAY BENEFIT THE CURRENT
STRUGGLING BUILDING INDUSTRY AND PROVIDE
INCENTIVE FOR THE COUNTY'S ECONOMY -
COMMISSIONER HENNING'S MOTION TO AMEND THE FEE
STRUCTURE PORTION OF THE IMP ACT FEE ORDINANCE
EXCEPT FOR TRANSPORTATION PORTION - FAILED
MR. MUDD: That's 9A. It's a discussion by the board members
to consider delaying the increase in impact fees for approximately six
months from January 2008. The request originates from the
correspondence received November 2,2007, from the Greater Naples
Chamber president, Michael Reagan. The delay may benefit the
current struggling housing industry and provide incentive for the
county's economy.
The item presented was asked for by Commissioner Tom
Henning.
CHAIRMAN COLETTA: Commissioner Henning, do you want
to lead off, please?
COMMISSIONER HENNING: Yes, thank you.
The -- I believe by raising the impact fees as much as we did a
few months ago, the board will see a diminishing response in
collecting impact fees. In other words, there's a -- there's a point where
you just break the camel's back.
And with the market the way it is, it is -- it is not the time to raise
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these fees, although I did agree with Commissioner Coletta's stance, is
do not raise the fees at this time except for transportation fees, and
continue to index those transportation fees.
So I don't know what else you need, Commissioner --
CHAIRMAN COLETTA: Well, what I'd like you to do,
Commissioner Henning, is to put that in the form of a motion so we
can move it forward for discussion.
COMMISSIONER HENNING: Okay. What would this have to
do? This was a -- this was an ordinance, correct, of changing the -- or
was it a fee resolution? When the board took action to index the
impact fees, was it an ordinance or was it a resolution?
MR. KLATZKOW: My recollection, it was an ordinance.
COMMISSIONER HENNING: Okay.
MR. MUDD: It would be -- it would be -- it's either a resolution
or a fee structure to the ordinance at the time.
Amy, you've got the specifics, please?
MS. PATTERSON: Amy Patterson, for the record.
COMMISSIONER HENNING: We've got somebody.
MS. PATTERSON: It was an ordinance.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HENNING: Thank you. I make a motion
that we bring back the impact fee ordinance on indexing the impact
fees to make an amendment to defer collecting of the index impact
fees except for the transportation impact fee.
CHAIRMAN COLETTA: Okay. Commissioner Henning, I'll
second it, but there's one thing that I would like to bring up for
discussion -- and I'm sorry, Commissioner Coyle, I see your light on.
We'll come right to you, sir.
COMMISSIONER COYLE: That's okay.
CHAIRMAN COLETTA: -- and that would be the idea that
we're in serious doubts as to what the state legislative body's going to
do with our ability to collect impact fees. I heard several issues on
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November 13, 2007
that. And I would like to see it where we could reconsider it again at a
period that would be safe for us to be able to institute it rather than to
lose it if need be.
In other words, if the state legislative body says, okay, at some
point in time your impact fees are frozen forever, we might want to
have that ability to make a final decision at that point in time based
upon our needs. And I -- that's sometime in May, is that correct, Mr.
Mudd, or March? I can't remember the date we would need to do
something like that.
MR. MUDD: Well, it depends on what -- depends on what they
pass and how fast the governor signs it. A lot of times -- a lot of times
in a legislative session early on, when they start in March, both houses
could agree to an early bill and send it to the governor while they're
still in session and have the governor sign it.
Sometimes it has a date specific where it becomes law, and
sometimes it says, upon signature it becomes law of the governor. So
it depends on the legislation and it depends -- the specifics in that
particular bill or bills that would go to the governor, and this is all
what-if. We--
CHAIRMAN COLETTA: Yeah, but the thing is, is that if we
built it into the motion, whereby we'd be able to react in sufficient
times -- in other words, it would come back to us if there was a bill
before the legislature that was gaining momentum to be able to
reconsider our position at that point in time, in other words, leaving an
open date.
If it never happens, then we can continue with the deferral of
those impact fees. See, what I'm trying to do, Mr. Mudd, is just trying
to protect the better interest of the county over a long time period. I
don't want to put us at a serious disadvantage. If we implement them
and then roll back on them, it might be a way around it. I'm not too
sure how we'll approach it.
MR. MUDD: Commissioner, if they say that the impact fees that
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were in existence prior to 1 January, 2008 are grandfathered, then
you're stuck no matter what it does and you'll have no option, and they
can write that into the bill, or they could say, the ones that were in
existence by 1 September, 2007. They make that specific on what
gets grandfathered and what doesn't in the bill, so I don't know if you
can outguess them is what I'm trying --
CHAIRMAN COLETTA: Okay, okay. So I understand.
Commissioner Henning's motion, be it what it is, I second it.
And at that point in time we may wish to address it in the future
when -- if a problem looms on the horizon. And with that -- I
apologize for going on with that, but we do have a motion and second.
Commissioner Coyle, and then I believe it's Commissioner Fiala,
then Commissioner Halas.
COMMISSIONER COYLE: We have a number of public
speakers, and I would just like to make a comment before the public
speakers are asked to speak.
CHAIRMAN COLETTA: Oh, okay, fine, sir.
And we'll go to Commissioner Fiala.
COMMISSIONER FIALA: Yes. I, too, had that same concern
by the way. I'd love to go along with this motion and I will, but I was
concerned if the legislature met and then we were cut off at the knees,
then we haven't helped ourselves nor have we helped the building
industry .
I was talking with Bruce Anderson, and he came -- he came up
with what I thought was a really great suggestion. Could I ask Bruce,
could you just --
CHAIRMAN COLETTA: You certainly may.
COMMISSIONER FIALA: -- come up and give me -- I thought
it was a good solution to solve both sides of the problem.
MR. ANDERSON: Good morning. For the record, my name is
Bruce Anderson. I had what I hoped might be a helpful suggestion.
And I thought that what you guys could do is simply pass a resolution
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November 13, 2007
deferring the increase that was scheduled and have it so that the initial
extension was only for seven days and that it would automatically
renew for successive seven-day periods up until July 1, unless you all
voted to terminate it earlier. That way you have a one-week reaction
time.
CHAIRMAN COLETTA: I like it, but let's go to the motion
maker, Commissioner Henning.
COMMISSIONER HENNING: Yeah, I'm going to amend my
motion to reflect that through resolution, but every 14 days, since we
don't meet -- we only meet every other week.
CHAIRMAN COLETTA: Well, we might want to meet at an
emergency meeting.
COMMISSIONER COYLE: It automatically renews. You don't
have to meet every 14 days.
COMMISSIONER FIALA: I like the seven days. It tightens it
up and makes sure that we're protected.
COMMISSIONER HENNING: Okay. That's a part of it then.
CHAIRMAN COLETTA: Okay. And my second agrees.
Thank you, Mr. Anderson, for your contribution.
MR. ANDERSON: Thank you.
CHAIRMAN COLETTA: Commissioner Coyle -- or Halas,
sorry .
COMMISSIONER HALAS: Yes. I need some guidance here,
and hopefully the County Manager and his staff can assist me in this.
I have some real concerns. I guess in the motion we're -- we've
eliminated road impact fees as one of the items that is not going to be
extended; is that correct?
MR. MUDD: That's what I heard.
COMMISSIONER HALAS: Okay. So we're -- all we're going
to do is look at the other impact fees. Do we have any capital? And
I'm talking about ad valorem taxes that are going to be paid out in lieu
of collecting these impact fees.
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November 13, 2007
MR. MUDD: Yes, sir. On the overhead -- on the visualizer is
the 2007 impact fee impact fee indexing adopted percentage of
increase that the board -- that the board agreed to in June of 2007, and
this was all predicated on a 2006 request that the impact fees not be
based on national construction indices but become as local as possible
as far as the costs are concerned.
And the study was presented. The board took action on some.
Like transportation, they said, it is only going to go up 29.7 percent,
not 45 percent or so that was recommended pending an impact fee
update study that was going to transpire this year and be presented to
the board in the May/June time frame. And there -- and there they are.
What these impact fees -- normally when we do impact fee
updates, we do them in June. Before legislation said that we had a
90-day period of time in which we had to wait before we
implemented. We used to come to the board in Marchi April for an
implementation of 1 July, and since then we have now moved it so it's
90 days. We come back to the board either 1 September or 1 October.
What that also does is it coincides with your budget process
where you approve a budget and it comes into effect on 1 October.
What we did this year is, based on the board's decision to suspend or
delay the implementation from 1 October to 1 January, we also
amended our budget process where those revenues wouldn't come in
on 1 October, that they would start coming in on 1 January.
I had staff do an analysis of the economic impact of delaying the
impact fees as I specified by those percentages. And I'll find it.
And what -- the bottom line we received is on the bottom of this,
and they did it from different times of the year as far as the impacts
were concerned as far as what would happen if we delayed the impact
fees and what the lost revenues would be in the -- into the county.
CHAIRMAN COLETTA: But it doesn't include -- it includes
transportation in those numbers though, correct?
MR. MUDD: Yes, sir. But if you take a look, I've separated
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November 13,2007
roads from all the other ones that are sitting there so that you can
figure out what -- what that delay is going to be.
If you go from 1 January to 30 June, let's say, when you say you
want to -- roads is out of the picture, all the other, the other 11, they
would be short in their budget $670,000. At that particular juncture, I
would look to the Board of County Commissioners to look for some
kind of ad valorem loan to those particular impact fees in order to
cover that shortage in revenue.
CHAIRMAN COLETTA: Commissioner--
MR. MUDD: I think I've completely gone through the whole
process to answer your questions.
COMMISSIONER HALAS: I'm not --
CHAIRMAN COLETTA: Forgive me, Commissioner Halas, I
didn't mean to cut you short.
COMMISSIONER HALAS: So you're saying that taking out the
road impact fees, we're still looking at $670,800, that would probably
have to come out of some other revenue to offset it, and that would be
ad valorem taxes; is that correct?
MR. MUDD: Yes, sir. Basically it's $111,800 a month.
COMMISSIONER HALAS: I've got a concern about that.
Obviously there's been a lot of discussion in the paper and a lot of
emails in regards to services that may have to be curtailed or hours
that have to be curtailed, and I think all this is going to do is, if we
have to loan this money, it's going to just exacerbate the problem at a
quicker rate, and I'm totally against this.
CHAIRMAN COLETTA: Okay. Commissioner Henning?
COMMISSIONER HENNING: County Manager, what are these
numbers based on? You had to come to historical permits or what?
MR. MUDD: Yes, sir. Amy, I'll put up that slide and you can
explain it, okay, or that chart. Is that right, what you're looking for?
MS. PATTERSON: That's it.
COMMISSIONER HENNING: Nope. No, the email that you
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November 13,2007
received.
MR. MUDD: Yes, sir. This is part of that email, okay, and the
replay was from Ms. Patterson.
MS. PATTERSON: Amy Patterson, for the record again. We
took actual permitting activity from the month of October in order to
not overinflate the dollar amount because we know we're in an
economic slowdown, and so we assumed that this extremely bad
month of October that we had would continue on for the rest of the
year, and therefore, this is a very, very conservative estimate of the
revenue lost.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: I look -- I'm sorry.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. Were you finished?
COMMISSIONER HENNING: Yes.
COMMISSIONER FIALA: Now, I understood that revenue
derived from impact fees goes for building new things. So by doing
this then, number one, Commissioner Halas brought up, will that
reduce our services in -- like, for instance, the libraries, which we've
heard a lot about? Will it do that? Will you be taking the money out
of there so then we don't have libraries open?
And second of all, does that mean then, of course, we don't build
the south library? Probably that means the same thing, right?
MR. MUDD: No, ma'am. What I'm basically saying to you is
you had impact fees, we had an estimate of what we were going to
bring in as far as impact fee revenues for those particular categories,
and what's happening is, if you want to delay them, okay, when
they're going to take effect -- I'm talking about the increase -- then
you're going to have a shortage, a potential shortage on the impact fee
revenue that you're going to collect.
There are commercial paper loans that we have right now to
certain libraries and to some other facilities, okay, that we're using
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November 13,2007
impact fees to pay back. You will have a shortage there on the
payments, and that's what I'm basically talking about.
No, ma'am, we'd ask you to take this money out of reserves,
okay, so it wouldn't impact the operational budgets that you have right
now for the libraries that are in -- that are open today.
I don't know what's going to happen when the library, south one,
and the Golden Gate Library, the new additions open up, because
we're not going to talk about those until the '09 budget.
COMMISSIONER FIALA: Well, they've started to build the
Golden Gate. They haven't started to build the south.
MR. MUDD: Yes, we have, ma'am. The presentation you
received this morning from Kraft said, we went for the guaranteed at
risk contracts in two phases. Phase one was the site work, and the site
work --
COMMISSIONER FIALA: Well, I saw that, but nothing's--
MR. MUDD: -- for the library--
COMMISSIONER FIALA: -- coming out of the ground, so I
was just saying, does that delay it then? And I shouldn't be so
myopIC.
MR. MUDD: No, ma'am.
CHAIRMAN COLETTA: And if! may, Commissioner Fiala, I
know what you're thinking. But the truth of the matter is, if we see
that state cut us back, it won't make any difference, this small amount
that we're talking about. Even if we get the library built, it doesn't
mean we'll be able to staff it. That's one of those unknown factors that
we're really not at that point yet; however, with that said, I'm just
going to briefly cover what my --
COMMISSIONER FIALA: Okay. And that's just what I wanted
to make sure was, that when Commissioner Halas was talking about
that, we're not going to cut back on our libraries now. And he has
stated -- the County Manager has stated, no, we will not, right?
MR. MUDD: That's right.
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November 13, 2007
COMMISSIONER FIALA: Okay.
MR. MUDD: Your present construction projects that are in
construction right now are going forward.
COMMISSIONER FIALA: No, I didn't mean in construction
now. I meant the operation of. And you've said that they're going to
MR. MUDD: No, ma'am.
COMMISSIONER FIALA: -- we're going to continue operating
them.
MR. MUDD: I'm asking for these dollars to offset that impact
fee from the reserves, ma'am.
COMMISSIONER FIALA: Okay.
CHAIRMAN COLETTA: And I might add that my reason for
supporting this is that we have an economic downturn at the moment,
that is devastating to the industry. It's one of those natural occurrences
that we have in a free economy; however, by moving this forward and
including the impact fees on the residents and the builders of our area,
we're just adding insult to injury.
COMMISSIONER FIALA: Oh, I agree.
CHAIRMAN COLETTA: I don't think in the end it would make
any real difference other than the mental anguish they're going
through, and it would be showing a small level of support. We're not
talking about removing impact fees that are already in place. We're
talking about not instituting new ones, and we're not even talking
about that being true. We're still talking about the transportation
element going forward because this commission has recognized
transportation, building of roads, as our number one priority.
Commissioner Halas, then we're going to go to the speakers.
COMMISSIONER HALAS: Yeah. I believe that the citizens
here in this county, back around 2001, pretty much said that they
wanted to make sure that growth pays for growth, and I think that was
a clear message to the community.
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November 13, 2007
I understand that we have a problem here locally, but we also --
this problem is nationally, and I sure didn't cause this problem
nationally or locally. I think the banks have a responsibility, and I
also think that the development community has a responsibility of
what took place in here to where now we have a vacuum.
I looked this weekend to see what's happening in the affordable
housing market, and it's amazing. There's some stuff that was already
advertised that was around 150,000 to 130,000. So that seems to be
taking care of its own problem.
Other than that, I'll reserve my comments after I hear the public
speakers.
CHAIRMAN COLETTA: Thank you. Would you -- how many
public speakers do we have?
MS. FILSON: Eight.
CHAIRMAN COLETTA: Okay. The public speakers, please,
when you come up, state your name for the record. You have three
minutes to make your point. Try not to be repetitive, if a person before
you or an earlier speaker made the point that you wish to make, you
may wish to support that particular position and we'll keep moving
this item forward.
MS. FILSON: Kristi Bartlett. She'll be followed by Gina
Downs.
MS. BARLETT: For the record, my name is Kristi Bartlett. I'm
special projects coordinator for the Economic Development Council
of Collier County, and I'm here on behalf of our board members and
nearly 300 Collier County businesses who invest in and support
economic diversification for our community.
Through our public/private partnership with those businesses and
with you, the county commissioners, our charge is to help grow
existing businesses as well as recruit new companies to the area. And
today's reality is that much of Collier County's economy is tied to
development and construction, and as a result this economic downturn
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November 13,2007
has been clearly felt around the area.
Hospitals are reporting lower birth rates, and their negative
growth in schools points to the fact that younger generations are
leaving.
Economic diversification is our last and only line of defense.
Because of this, the EDC supports the delay of any increases to impact
fees. And furthermore, if a methodology can be determined to lower
the costs of these fees, the EDC believes that you have the opportunity
to encourage economic diversification activities for our community.
There is no better time than now to send a clear message that
Collier County has an attractive and welcoming business climate. The
benefits are twofold. Not only do you ensure and support a leg of the
economy that is currently feeling the impacts of one of the most
significant downturns in Collier County's history, but you also set the
stage for businesses within diversified industries to know that they
have a place in Collier County.
Your action today will send this message and is one of vision and
it's a positive, proactive, and forward-looking attitude and outlook.
Thank you.
MS. FILSON: The next speaker is Gina Downs. She'll be
followed by Betty Hull.
CHAIRMAN COLETTA: That's not it.
COMMISSIONER HENNING: Nice-looking building.
MS. DOWNS: I didn't do it.
COMMISSIONER COYLE: Did we waive the impact fees for
that building?
MR. MUDD: No.
COMMISSIONER HENNING: Yeah.
CHAIRMAN COLETTA: I'll tell you what, while we're waiting
for you to get that up, let's go to the next speaker, and you can work
on that.
MS. FILSON: Betty Hull.
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November 13,2007
MS. DOWNS: She's with me.
MS. HULL: I'm here with Gina Downs.
CHAIRMAN COLETTA: Oh.
MS. FILSON: Bob Mulhere. I'm sorry. Bob Murray.
CHAIRMAN COLETTA: How could you get the two -- oh,
they've got mustaches. The next --
MR. MURRAY: The top is missing somewhat.
Good morning, good morning, Commissioners. My name is Bob
Murray, and I'm here as a citizen today. But first please know that I
am a bit conflicted in this.
As a Planning Commissioner, I realize the need for the county to
have resources to accomplish its tasks. As a member of a civic
association, I am aware of the impact resulting from lost jobs and
residents quitting and moving away. Young families leaving Collier
cannot be a good thing.
I also understand that in cases where resources are limited, it is
essential to conserve those resources. Restrictions on water use come
to mind. Everyone is asked and, if needed, forced to participate in a
common goal.
In the case of raising impact fees, I hope that the goal is to help
soften the blow to the hard-working residents of Collier who depend
on the major industries of this county, real estate and construction, for
their livelihood.
I understand that the county is in that proverbial place between
the rock and the hard, and it is charged with finding the means to
make it work to continue to provide its residents with the level of
services it has declared are those that the residents need and want.
Impact fees are the means chosen to accomplish most of that and,
perhaps, if economics were a zero-sum issue, we would not be
concerned. But the fees seem to be most -- to most, as extraordinary
in light of these days of economic difficulty.
And I understand that the legislature may very well enact
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legislation that will severely limit or cap impact fees that can be
placed on new infrastructure needs. There is an argument that the
county should get what it can before it cannot. I know that we will
continue to need roads, and they require massive amounts of money to
build.
I know that impact fees for these are currently a viable source of
income to help assure that the county can fulfill its duty to citizens of
having good roads and very nice amenities.
I also know that we are in a severe economic downturn, but no
matter, what may have caused it, the need right now is to limit its
impact on Collier County citizens. And in our case that means helping
to resuscitate the real estate construction business so that people will
have jobs.
I have been an advocate for changing that scenario for as long as
I have lived here and been involved with our communities. The need
to diversify is certainly clear to all today.
The EDC has been trying its best, but they, too, cannot overcome
the extraordinary perceived penalty to be paid for the privilege of
living and working here.
I've heard Commissioner Coyle say often that the county is not
the cause of higher impact fees. Greed and overdevelopment has done
that, and I agree. But in times of deflation and economic downturn,
the county has the ability to act as the soft cushion, to choose to wait
until -- upon enactment and added fees -- I'm sorry -- to choose to wait
upon enactment of added fees so as to help stimulate a return to a
working economy.
Yes, by doing that, there is a chance that the county will be
placed in a precarious position, vis-a-vis its programs, but the county
has other means that may be employed should they become necessary.
I think a transfer tax is one such option that you have.
And very briefly, I would ask you to defer all except the
transportation impact fees, as that is paramount in our need. Thank
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you.
CHAIRMAN COLETTA: Thank you. Hi, back to you.
MS. DOWNS: Okay. Let's try this again.
I noticed the item again today was going to be another deferral of
impact fees. I spent the weekend looking for current data concerning
impact fees, and this study was one.
Let me get the right slide. This study was one source of good
independent information that I found. This study by a task force was
set up in 2006, a task force of 15 people, 12 voting members.
Somebody in Collier County was on that task force, Zichella. Did I
say that right?
Okay. What the task force reported was that 66 percent of
counties do not allow deferrals; 12 percent similar to us allow
deferrals with a lien on payment.
Charges are made that the impact fees are too high in Collier
County and should not be raised. I always like to compare Collier
County with like-size counties, so I did that once again.
Collier County is the bottom line. Our percentage increase in
impact fees between the years 2000, 2005, were 207-and-a-half
percent. Sounds like a lot, but compared to other counties we were the
second lowest in raising our impact fees. I don't think we can say that
our impact fees are out of line.
Another article I found is this month's, November '07 Florida Bar
Journal. They address some legislative changes that have been made
which are favorable to the business industry. One change they made
in June or July of this year, which was passed, is a three-year deadline
extension for phaseout, buildout and expiration dates.
The building industry had already received one deferral period
from our commissioners. Another concession is being asked for this
time by the county. I do not support another concession to an
industry. Here's why. Impact fees go in part to pay a portion of the
county debt. The county has a strong financial rating right now, an A
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November 13, 2007
minus. Part of the reason for that is we pay our debt in a timely
manner.
That debt must still be paid when impact fees are not collected.
The money instead must come, in part, from ad valorem tax dollars.
Our tax dollars -- this is a euphemism -- have already been stretched
and they're likely to be stretched again next year or the year after.
When tax dollars are used to pay the debt that would have been
paid with impact fees, we, the public, risk losing some of our public
services. Impact fees do not pay 100 percent of the share of the burden
on infrastructure. The public takes up the slack.
The responsibility for impact fees must not rest upon those of us
who have already contributed our share. No business sector should
come before my government and ask them to become their benevolent
banker. My government ought not to be in the business of subsidizing
industry. I hope you deny this request for a deferral. Thank you.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: The next speaker is Brenda Talbert. She'll be
followed by Steve Hart.
MS. TALBERT: Good morning. My name is Brenda Talbert.
I'm the executive vice-president of the Collier Building Industry
Association. I represent over 1,200 member companies in Collier
County that employ over thousands of people.
First of all, I sit in a lot of these meetings, as you know, and I
want to compliment you on your wisdom and also your patience to
deal with some very thorny issues.
I wouldn't want to be in your shoes. So I know that no matter
what decision you make, someone's going to be unhappy with it.
The current real estate market has shown how vital the building
and real estate market is to the economy of Collier County. To have a
growing economy, you must support real estate and the economy that
drives your market.
Ronald Reagan proved that reducing taxes stimulates the
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November 13, 2007
economy. CBIA stands in support of your motion, Mr. Henning, and
we also support the fact that roads need to be supported as well. We
see that as a great need to the community.
Thank you very much for your time, and I hope you make the
wisest decision for the whole party. Thank you.
MS. FILSON: The next speaker is Steve Hart. He'll be followed
by Lou Vlasho.
MR. HART: Thank you very much, Mr. Chairman,
Commissioners. For the record, Steve Hart, senior vice-president for
public policy at the Greater Naples Chamber of Commerce.
It is my honor and privilege to represent the board of directors,
the 47-member board of directors of the over 2,000-member Greater
Naples Chamber of Commerce and the thousands of employees and
family members of those employees represented by that group. And
they ask you to consider this not to -- because they want the business
community to be subsidized by your action but because they look to
you as leaders in this community and as something you can do to lead
and to help with these dire economic times in which we find
ourselves.
We can sit and talk about numbers and -- all day long and we can
debate those numbers and we can find other numbers and we can
speculate on what the legislature mayor may not do, but the point
being, lady and gentlemen, our elected leaders, you have a difficult
task.
Sometimes you are called upon to be manager, sometimes you're
called upon to make difficult decisions that affect real-world, real-time
people, and sometimes, Commissioners, you are called upon to be
leaders. You are called upon to share your wisdom with others. You
are called upon to set the example, and this is one of those times.
By making this decision you send a signal not only to the
business community, you send a signal to the rest of the state that you
have the courage to stand up and say, we believe that our actions can
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November 13, 2007
benefit this community for the greater good.
We believe that no matter, nickels and dimes, that we can stand
as an example of elected leaders who are willing to take a courageous
stand and help spur a sagging economy. That's your choice today.
That's what you're being call upon to do, to show your wisdom as
leaders, and we would urge you and encourage you to do that. You
will be thanked. You will be admired. You will be greatly appreciated
for your efforts here today.
Thank you very much.
MS. FILSON: The next speaker is Lou Vlasho. He'll be followed
by Bruce Anderson.
MR. VLASHO: Good morning, Commissioners. Lou Vlasho,
Pelican Bay and 5th Avenue of Naples.
First I want to thank you and publicly tell you how we appreciate
all that you do, the tough decisions you have to make. Some of us
don't envy you. We're glad you're in those seats, and we encourage
you to keep making the tough decisions.
My involvement in the community is widespread, but as
vice-chairman ofthe chamber -- Greater Naples Chamber of
Commerce, vice-chairman of the Downtown Naples Association,
chairman of the Naples CRA Advisory Board, and chairman of the
Greater Naples Better Government Committee, as well as a member of
the EDC, I talk to all kinds of people.
This problem is not an industry problem. This problem is a
Collier County problem, it's a Florida problem, it's a United States of
America problem.
Unfortunately, we can only deal with Collier County. Businesses
of all sizes, small and large, some of which amaze me when they talk
in confidence on a personal basis, that are having problems, even the
businesses that look like they're doing well are not doing well. They
just don't want to talk about it because sometimes if you're negative, it
just increases the negativity.
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November 13,2007
I was in the Balkans a couple weeks ago. The American dollar,
for the first time, was not accepted. They didn't want it. Their own
currency, they wanted, and the euros ahead of the American dollar. I
never had exchanged dollars in 12 years for their currency. But when
I went to pay at a small shop for lunch with my two sons, I didn't have
any of their denaros, and they said, nope, they won't take dollars.
Fortunately my son had euros, so he treated.
But this is a real problem, and it ain't over yet. You can do your
own predicting. Some people say we've turned a corner. I don't
believe so. I think this is going for -- on for a while. But I encourage
you to show the leadership that Steve Hart spoke about and encourage
you to vote in support of the motion that Mr. Henning made. Thank
you
MS. FILSON: Your final speaker is Bruce Anderson.
MR. ANDERSON: Good morning, again, Commissioners. For
the record, my name is Bruce Anderson.
You know, there's an old saying that no person's property is safe
while the legislature is in session. Apparently that holds true for local
government as well. The idea for this deferral originated from a news
article about what they were doing in Charlotte County to try to spur
the local economy, and in Charlotte County, they actually rolled back
the impact fees to 1998 levels.
What this chamber is asking for is a more moderate approach. I
don't want to appear ungrateful, but the largest increase is in the roads
category. It's 29 percent.
Now, I understand, you know, the need and want to bring in
some additional revenues for road construction, but I would just ask
you to consider deferring half of the road impact fee increase to really
make it meaningful. The other impact fee increases that are scheduled
are really minuscule compared to what the road impact fee increase is
going to be because the roads are always the biggest impact fees.
And I would just ask you to consider that as well, please. Thank
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November 13,2007
you.
CHAIRMAN COLETTA: Commissioner Fiala, did you want to
address something now?
COMMISSIONER FIALA: Yeah. We just -- we just heard from
a few of our speakers that we have to be courageous leaders. What are
courageous leaders? Is it -- you know, let's really examine what is
courageous? To do the easy thing or not to do the easy thing? To do
what people want you to do or to do what the right thing is?
I'm wrestling with that at this point in time. We know that the
market has turned down. They're not building as much. We've seen
some builders' business cut way back. I think immediately ofWCI
because there's so much of a flood of homes already on the market.
And if people are going to not buy a home because of the impact fee,
it's very easy to turn to the market that is busting with homes that are
crying to be sold. And so -- and impact fees don't affect that market at
all.
I want to work with the building community, I want to work with
our residents, I also want to do what the right -- do the right thing.
And I'm weighing all of these things. And again, what is leadership?
CHAIRMAN COLETTA: Okay. We have two other
commissioners that want to address the issue now or they want to wait
-- how many more speakers?
MS. FILSON: That was your final speaker.
CHAIRMAN COLETTA: Oh, that was. Okay. Commissioner
Halas, then Commissioner Coyle.
COMMISSIONER HALAS: Yes. Something that was brought
up was as leadership. I think we stood up to that task as leadership. In
the last two years, we've rolled back $67 million to the people here. I
think we've contributed to try to figure out -- to alleviate the problem
that's not only Collier, State, and U.S., but we've rolled back the taxes
here, $67 million that's been rolled back to the public to stimulate the
economy.
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November 13, 2007
I'm not in favor of subsidizing the private sector. Never have
been and never will.
I really believe that what we have accomplished here in Collier
County as far as impact fees, and as was brought up in the public
comment, I think we've done very well.
And I think that we have a -- we're in jeopardy oflosing impact
fees. Growth has to pay for growth. About 80 percent is paid through
impact fees. The other 20 percent are ad valorem taxes.
So I think we've already made that contribution, and I think we
stepped up to the plate. Weare leaders and we did a leadership deal in
regards to rolling back the taxes.
I feel that this upcoming legislative session, we're going to be hit
hard -- the whole state is going to be hit hard -- with impact fees. The
legislature's already taken away a lot of our home rule, and this is just
going to be another effect.
It's amazing, I had a phone call last Friday by a gentleman from
the Charlotte Sun. His name was Neil Hughes. Wanted to get my
input on what I thought was going to happen with the impact fees.
And he said that he's already talked to Senator Bennett, and he's one of
the leaders in trying to eliminate impact fees throughout the state. He
said, he's coming after Collier County, and I said, I know it.
I said, this has been on the Florida Association of Counties
agenda. We know that it's coming, not just for Collier County, but for
the whole state.
If you take away impact fees, you lower property taxes, how are
we going to put the infrastructure in for future development? Thank
you.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I would like to touch upon
some of the issues that were raised by some of the speakers and
provide some historical perspective. It was pointed out that Collier
County from 2000 to 2005 was -- their increase in impact fees was
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November 13, 2007
relatively low when compared to other counties.
The thing that is not considered there is that for the 10 years prior
to that, there was no impact fee increase at all for an entire decade.
No impact fee increase at all. In fact, there were many developers
who had not paid impact fees, although they should have been paying
impact fees.
There was a major effort in early stages by this commission to
collect those overdue impact fees, but at the same time, the
commissioners at that point were being criticized because they were
not building roads. They were not building roads because the impact
fees had not been increased. They did not keep pace with costs.
Now we are engaged in the most significant infrastructure
development in the history of Collier County. We have alleviated
traffic congestion in many places and we have made it possible for
developers to build.
The point here is that there is no, and I repeat, no, historical
correlation between business growth and business health and impact
fees. At a time when impact fees were at their historical lows for 10
years without being updated, the building industry was not stimulated.
During the period when we've had the highest impact fees in
Collier County and, perhaps, the state, we had the greatest period of
economic growth in the building industry.
There is no correlation. Impact fees have become a straw-man
for those who want to transfer the cost of development to property
owners. That's the objective of this entire process. You give the
developers a break on impact fees and transfer the cost to the
taxpayers, the other taxpayers.
And I would say to those who are running for election that there
are more of those people, those other taxpayers, who are voters than
there are developers who are asking for a break on impact fees.
This is a problem that is not caused by the government and it
cannot be solved by the government. It will only be solved with a
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November 13,2007
readjustment of supply and demand, and that's going to take a long
time, so we may as well get used to it.
I'd like to ask the people who represent the building industry and
the chamber of commerce and other building groups, where is the
money that we were supposed to get when the state passed its growth
management bill a couple of years ago?
Over a billion dollars that we were promised in one-time money
and recurring money has disappeared. Have any of the organizations
represented here inquired about that? Have you gone to Tallahassee?
Have you asked our legislators, where did that money go? Why didn't
we get what you promised us? Where did the money go?
Have you been fighting for that? No. Many people in this room
have been fighting to take away impact fees from people who are
trying to build the infrastructure so that the industry can, in fact, build.
If we don't have the impact fees, we can't build the infrastructure, so
the industry can't build anyway.
You must understand the relationship here. Infrastructure is
necessary if builders are to build. If we don't have the funds, we don't
build infrastructure, consequently builders can't build. Builders
ultimately don't pay the impact fees anyway. It's the buyer who pays
the impact fee. It's transferred to the buyer. There is no relationship
whatsoever between the impact fee and our current economic
conditions.
The other point that I'd like to make is -- and I do this over and
over and over again, but people always seem to think that we just pull
a figure out of the air and we say, okay, pay us this amount of money
for an impact fee, and that's not the way it works.
The impact fee is based upon how much we are charged to build
the infrastructure. So if you have a building contractor who charges
us a lot of money for asphalt and concrete and steel and labor, and you
have a property owner who charges us a lot of money to buy the
right-of-way to build the new road or new lane, that's what determines
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November 13, 2007
the impact fee. It's what we're charged by you.
Now, what's wrong with that? How can a depressed industry
charge so much money to build the infrastructure? I'm not sure I have
the answer to that question.
But the way to reduce the cost of infrastructure is to reduce the
cost of the land, reduce the cost of the labor, reduce the cost of the
materials, and I think that there are some initiatives that you could
champion that would solve those problems.
You, the business industry, could put together consortiums which
would do things like developer agreements and you would build some
of that infrastructure, because I believe the industry can do it better
and cheaper than the government can. But have you been doing that?
Has anybody been working on that?
One developer's agreement that we're working on -- that is about
ready to be approved, hopefully, today and another one that we're
working on, but we need to do more of that and we need to get people
in this room interested in working on that rather than going up to
Tallahassee and agitating to have the legislature take away more funds
from us.
Every time you do that, you're hurting your own industry,
because when you say reduce impact fees, you're really saying, take it
away from somebody else. Make the homeowners pay for developers'
infrastructure. That's what you're really saying, and that's what you're
asking us to do right now.
So I needed to say that, and I just want to make absolutely clear
that I will not vote to have this postponed anymore when some of the
people in this room are actively working in Tallahassee to undermine
our ability to develop the necessary infrastructure for their industry.
I'm just not going to buy it.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: No. I think we've belabored this
enough. I don't think I need to say anything.
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November 13, 2007
CHAIRMAN COLETTA: Fine. With that, any other comments?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor of the
motion made by Commissioner Henning and seconded by
Commissioner Coletta --
MR. WEIGEL: Mr. Chairman? The motion --
CHAIRMAN COLETTA: Mr. Weigel?
MR. WEIGEL: To go back to the motion, I think the motion
involved a suggestion that a resolution be adopted with the seven-day
rollover.
CHAIRMAN COLETTA: That's correct.
MR. WEIGEL: Both Marcy Krumbine and Assistant County
Attorney Jeff Klatzkow noted that provision in the ordinance. So
what I would suggest for the motion potentially, an amendment to the
motion for your discussion and consideration, is that the motion would
need to be for the ordinance to be amended providing for the
mechanism of a resolution, and that could come forward -- come back
to you at your December 11 th meeting.
Now, that's not endorsing the motion, but merely telling you how
it would operate by amending the ordinance to provide for the
mechanism of the resolution that gives the board the flexibility that
was considered in the original motion.
CHAIRMAN COLETTA: Let's go to Commissioner Henning.
COMMISSIONER HENNING: Yeah. I agree with that. That
will work, have the ability to have a reso in the ordinance.
CHAIRMAN COLETTA: Okay. And the second agrees.
Any discussion on that?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
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November 13,2007
Opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Okay. The motion failed, 3-2, with
Commissioner Henning and Commissioner Coletta being in favor of
the motion and the other three commissioners being opposed.
And with that, we're going to break for lunch; we'll be back here
at 1:15.
(A luncheon recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
CHAIRMAN COLETTA: Thank you, Mr. Mudd. We'll go to
the land use items now.
MR. MUDD: Commissioner, item 8A is continued till December
11, 2007, and that was read into the record this morning, and the board
voted on that particular action.
Item #8B
ORDINANCE 2007-71: PUDZ-A-2006-AR-9374 NAPLES
RESERVE, LLC, REPRESENTED BY DWIGHT NADEAU, OF
RW A, INC., AND RICHARD D. YOV ANOVICH, OF
GOODLETTE, COLEMAN & JOHNSON, P.A. REQUESTING A
REZONE FROM A PLANNED UNIT DEVELOPMENT (PUD) TO
A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
FOR A PROJECT KNOWN AS THE NAPLES RESERVE GOLF
CLUB RPUD IN ORDER TO ADD 602 UNITS TO THE
PREVIOUSLY APPROVED MAXIMUM OF 552 UNITS, FOR A
TOTAL OF 1154 RESIDENTIAL UNITS, ELIMINATING THE
COMMERCIAL ACREAGE AND 18 HOLES OF THE 36 HOLE
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November 13,2007
GOLF COURSE. THE SUBJECT PROPERTY, CONSISTING OF
688.1 ACRES, IS LOCATED ONE MILE NORTH OF US 41 AND
1 1/2 MILES EAST OF CR 951 AT 1 0097 GREENWAY ROAD, IN
SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA - ADOPTED W/STIPULATIONS
That brings us to 8B. This item requires that all participants be
sworn in and ex parte disclosure be provided by commission
members.
It's PUDZ-A-2006-AR-9374, Naples Reserve, LLC, represented
by Dwight Nadeau of RW A, Inc., and Richard D. Y ovanovich of
Goodlette, Coleman, and Johnson, P.A., requesting a rezone from a
planned unit development, PUD, to a residential planned unit
development, RPUD, for a project known as the Naples Reserve Golf
Club, RPUD, in order to add 602 units to the previously approved
maximum of 552 units for a total of 1,154 residential units,
eliminating the commercial acreage and 18 holes of the 36-hole golf
course.
The subject property, consisting of 688.1 acres, is located one
mile north of U.S. 41 and one-and-a-halfmiles east of County Road
951 at 10097 Greenway Road in Section 1, Township 51 south, Range
26 east, Collier County, Florida.
This is a companion item to item 10C. And if the board would
like to hear both of those items while we discuss this one issue, I could
read 10C into the record now, sir, if you'd like.
CHAIRMAN COLETTA: Okay. Why don't we start by all
those that wish to participate in this item, to stand at this time and be
sworn in by the court reporter.
COMMISSIONER HALAS: He wanted to know if you wanted
to put -- bring 10C forward.
CHAIRMAN COLETTA: We'll come right to that.
COMMISSIONER HALAS: Oh.
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November 13,2007
CHAIRMAN COLETTA: We'll take care of this first.
(The speakers were duly sworn.)
CHAIRMAN COLETTA: Okay. My understanding it will be
for both items that we're talking about. Now let's talk about combining
the two items.
Anyone have any objection to that?
COMMISSIONER COYLE: No.
COMMISSIONER HALAS: No.
CHAIRMAN COLETTA: Then they'll be combined.
MR. MUDD: Item 10C is a recommendation to approve a
developer's contribution agreement, DCA, between Naples Reserve,
LLC; Kite Eagle Creek II; KRG Eagle Creek IV, LLC; KRG 951 and
41, LLC; Tousa Homes, Inc.; Naples Golf Development, LLC; ABC
Liquors, Inc.; and Naples South, LLC; NBC RV, LLC; NBC Land
Holdings, LLC; Naples Big Cypress Market Place Limited
Partnership, LLLP; South Development Company, Inc.; Realty Net
Real Estate, LLC; Habitat for Humanity of Collier County, Inc.; and
MCKK Property Acquisitions, LLC; the developers, all the
developers, and Collier County to construct improvements to the
intersection of U.S. 41 and State Road/County Road 951, and to
construct a four-lane road from this intersection continuing east on
U.S. 41 for approximately two miles.
Again, it's a companion item to 8B, which I just read into the
record before. Nick Casalanguida, Transportation Planning Director,
and Jeff Klatzkow, Assistant County Attorney, will present on that
particular DCA if you have any questions.
CHAIRMAN COLETTA: Before we do, we have disclosures on
the part of the commissioners. We'll start with Commissioner
Henning.
COMMISSIONER HENNING: None.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Boy, just about everybody in this
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November 13, 2007
room, I've spoken to. I've been working hard with Anthony Salce,
with his attorney, with the people from our remote control flying club.
I've been -- I've just spoken -- I've spoken to so many people I don't
know who all to name.
But raise your hand, and you were it. Thank you.
CHAIRMAN COLETTA: And I had meetings, correspondence,
emails, and phone calls.
Commissioner Halas?
COMMISSIONER HALAS: Yes. The only ex parte that I have
to come forward with is that I had a meeting with the developer and
also his attorney, Rich, and that's all that I have to bring forth on my
ex parte on this particular item.
CHAIRMAN COLETTA: Fine. And Commissioner Coyle?
COMMISSIONER COYLE: With reference to 8B, I have
spoken with the petitioner and his agents, Mr. Dwight Nadeau and
Richard Y ovanovich. As far as the companion item, 10C is
concerned, I've also spoken with Mr. George Varnadoe and Mr.
Y ovanovich. And I think that's it.
CHAIRMAN COLETTA: Thank you. Go ahead. Mr.
Y ovanovich?
MR. YOV ANOVICH: Yes, sir. Good afternoon. For the record,
Rich Y ovanovich on behalf of the petitioner.
I have a lot of people with me here today, none ofthem will be
speaking hopefully. Anthony Salce and John Mace are representatives
of the owner; Bob Mulhere and Dwight Nadeau are with RW A and
can address planning issues; Reed Jarvi's here to address
transportation issues. Eric Strickland is here to address the companion
item, which would be the DCA, and Mark Soniac and Emilio Robell
(phonetic), also with R W A, can address any of the engineering issues
related to the project.
I'm going to do a brief overview of the project as well as a brief
overview of the DCA, and then Bob Mulhere will take you through
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the PUD master plan, and then after that, if it's acceptable, we'll open
up to questions of the commission.
Before you today, as the County Manager has briefly explained,
is a request to rezone the Naples Reserve PUD from its existing
552-dwelling-unit, 36-hole, plus three-and-a-half acres of commercial
to a PUD for 1,154 dwelling units and an 18-hole golf course.
The property is located in two Comprehensive Plan designations.
Approximately 311 acres is designated urban residential fringe with a
base density of one-and-a half units per acre, and 377 acres is
designated rural fringe mixed-use district, receiving lands. So it's
roughly half and half on the property.
The Comprehensive Plan also provides that the urban residential
fringe property is a receiving area. So the PUD increase in density is
to implement the TDR program that was adopted by the Board of
County Commissioners as part of the rural fringe mixed-use district.
So we are increasing the urban residential fringe property from
one-and-a-halfunits per acre to two-and-a half units per acre, which
adds about 310 TDRs, and we're increasing the 377 acres of receiving
lands to, instead of one unit per five acres, to one unit per acre, so that
adds about 302 TDRs.
So we're adding a total of 613 TDRs to this project, so that's the
density increase that's being requested.
In addition, we'll be utilizing the density blending provisions in
the Comprehensive Plan. And on the visualizer, you can see the site.
It's pretty much cleared agricultural lands, and the vegetation that's left
is actually in the urban area.
Under the density blending provisions, we will keep that
vegetation instead of removing it, and we'll be moving our density to
the already-impacted receiving areas, so we'll be utilizing those
provisions as well.
The required preserve for the project is 40 acres. We are
preserving 63 acres, so we're preserving more than required under the
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Comprehensive Plan.
The -- one issue that came about in the review of this project to
nobody's surprise was the transportation issue. According to the
county's concurrency management system, u.s. 41 east of951 is at its
level of service, so you cannot add any additional density as part of
this project and, in fact, the existing density of 552 units cannot be
utilized due to the concurrency issues on that roadway.
The companion item, 10C, is a developer contribution agreement
in which nine property owners have agreed to construct the significant
traffic improvements to address not only their traffic impacts, but as
well as deficits that already exist as part of the county's concurrency
management system.
There are two significant DRIs, vested DRIs in the area. One is
Fiddler's Creek and one is Lely Resort. So they will continue to add
units to this already-deficient road, whether this developer
contribution agreement is approved or not.
So what this developer contribution agreement does, it handles
the residential density and the commercial intensity of everybody
who's a part of the consortium, but also addresses deficits that already
exist because of the two vested DRIs.
Briefly what we will be doing through the developer contribution
agreement is constructing the ultimate at-grade intersection
improvements at 951 and U.S. 41. You'll have your triple-through --
triple-throughs, you'll have your triple-lefts, you'll have all the rights
you need. So it's -- the intersection is going to be constructed at its
ultimate at-grade improvements.
Then there's a portion of the roadway -- and I do have an exhibit
that I could put up -- that generally depicts what I'm describing. I
know you all know about that, but probably very few people in the
audience know what I'm talking about.
You can see in the red that -- those are the intersection
improvements that I was just describing. As you're moving east on
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41, there's about a quarter-mile of red, and that's going to be a six-lane
improvement.
The yellow is a four-lane improvements that will be constructed
in the six -lane configuration. So when FDOT comes back in the future
and wants to add the fifth and sixth lanes, they can do that out of the
median so they won't have to spend a lot of money to add those fifth
and sixth lanes, and that's about two miles in length.
And then as we get past -- just past this project, Naples Reserve,
you'll see the blue is when we'll taper back down to the two lanes that
currently exist on U.S. 41.
We -- the county has done an estimate of what those
improvements are, and we recognize and hope that that's a
conservative estimate since we haven't done the final design yet, and
that estimate's $53 million.
We will post a bond for that $53 million to guarantee that the
roadway improvements will be done and there'll be a source of monies
there if something happens to where the consortium cannot fulfill its
obligations.
We estimate that the road will cost approximately $42 million.
So we believe we can build it faster and cheaper than the county can,
but we'll take on the risk that if it costs more than we estimate, we'll
have to -- we'll have to eat the cost of building that total road.
The consortium will get impact fee credits totaling approximately
$27 million. FDOT is kicking in a little -- I think around $2 and a half
million for the design costs of the road, and the balance will be paid
by the consortium out of the consortium's pocket.
So if you do the math, it's approximately $30 million of impact
fees and FDOT funding, and the difference, anywhere between 12
million to 23 million will come out of the consortium's pockets
without any reimbursement from the county.
The DCA is set up to where the impacts of the projects will be
phased in. We'll get approximately one-third of the density and
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intensity at the posting of the bond, we'll get another third at the
commencement of construction, and the final third will be at
substantial completion.
Now, we've talked to Nick about paragraph 7. Paragraph 7 needs
to be clarified to make sure that at each milestone we get Certificates
of Occupancy, so we're going to make that one clarification.
We have also originally thought we were going to have 13 or 14
participants in the consortium. We've lost four participants in the
consortium, but we will continue to -- that means those who remain in
the consortium will be required to increase their financial
commitment, and they're willing to do that.
As far as -- that's a brief overview of the DCA. If you want to
get into greater detail about that, either I can get into that or Reed Jarvi
or Eric Strickland can get into that.
Bob's going to take you briefly through the master plan for the
PUD, and then we'll be available to answer any questions you might
have regarding either the PUD rezone request or the DCA.
I do want to mention one other thing if I can, because I know
there are a lot of people here on this particular issue. Up on the -- I
guess it's a bulletin board. I'm not sure what you call that -- is a plan
or a desired plan for the model airplane club. We have -- we have a
300-acre preservation parcel that's basically adjacent to this project.
When we were going through the environmental permitting, we
thought we had committed to the state that we would give them 300
acres. When the actual survey was done, it turned out the property
was 25 acres greater than what we thought it was going to be.
We have committed that if the state agrees -- and we'll work with
the county and the radio flying club to try to get the state to agree --
that if the state doesn't need that 25 acres, that 25 acres will be set
aside for the use for the model airplane club, and we're happy to put
that in the PUD document.
To evidence that commitment, I've talked to Commissioner Fiala
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about this, I've talked to Marla Ramsey about this, I've talked to
members of the flying club about this. We frankly will need your help
to convince the state that when they thought they were getting 300
acres, they should honor that commitment instead of trying to get this
extra 25 acres for free.
So if you all could help us with that, we would be happy to
donate that additional acreage to the radio flying -- the model airplane
club for their use in this area.
CHAIRMAN COLETTA: Before you move off that issue--
MR. YOV ANOVICH: Yes, sir.
CHAIRMAN COLETTA: -- Mr. Yovanovich, Commissioner
Fiala has a question.
COMMISSIONER FIALA: Thank you. I'm sorry to jump in
front of Commissioner Halas --
COMMISSIONER HALAS: That's okay.
COMMISSIONER FIALA: -- but it's right on this subject. Your
people have been working so well with us, and I know that they're
willing. It's not land that they can use anyway. They have said, you
know, if these -- if the people in the flying club want to use it, it's fine.
But apparently the state doesn't want to give back the 25 acres; is
that correct, Marla? And so I don't know -- what I'm hoping to do
here today is find a way to keep those 25 extra acres. They wanted
300, give them only 300. Keep the 25 acres that were -- that we had
originally talked to the state about, and let us use this for a flying club
or a park for a remote control park, however.
This doesn't have to be the drawing, by the way. This is just--
this is an idea. It's not anything more than that.
But definitely, as you know, our remote control plane group
cannot be flying there at the field much longer because now they're
invading an area that's full of houses, and they know they have to
move. They're aware of that. We've been trying to find another place
that won't have any houses where they can relocate.
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They're not going to charge us any money, by the way. They
make their own field, they make their own driveway. They take care
of their own Port-o-Potties, they put up their own things. They don't
cost us a thing, but it's a great benefit to the community out there.
So what I'm trying to do is somehow work with you guys. Is
there -- do we have a suggestion from any of our staff as to how we
can assist or help them to dedicate this?
MR. YOV ANOVICH: That was to me?
COMMISSIONER FIALA: You or staff or whomever.
MR. MUDD: The question -- the question I have is that -- I'm
the County Manager, so you don't know. Have you deeded this land
over to the state already?
MR. YOV ANOVICH: No. I don't think we've deeded it to the
state yet. It is supposed to become a conservation easement for
purposes of our mitigation, the Corps.
MR. MUDD: So the question is, if the promise was 300 acres--
MR. YOV ANOVICH: Well, the promise was the legal
description, which we all thought was 300 acres. They thought was
300 acres. When the legal description was actually surveyed out, lo
and behold, it became approximately 325 acres. There's a difference
of about 20 acres between what they thought they were getting and
what they're actually getting, and they've decided that, hey, that's just
tough luck on us, and they're just going to take it.
And we would -- if you could help us to have that land, we're
happy to let you have that land. We weren't going to use it anyway.
It's fine. It's a perfect location people can fly over the preserve.
They're away from the houses. The good news is, it's not part of our
PUD so it's not subject to the preserve restrictions within the PUD. So
if there's any way you all can help us with the Corps, I think that's the
problem.
COMMISSIONER FIALA: Joe, do you have any ideas?
MR. SCHMITT: For the record, Joe Schmitt, Community
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November 13, 2007
Development/Environmental Services Division Administrator.
Mr. Y ovanovich and I talked about this. The only thing we can
do is try and work with the federal government to try and have them
release control of that land and see if they can turn that portion back to
the county.
COMMISSIONER FIALA: Well, Joe, let me just stop you right
there.
MR. SCHMITT: Yeah.
COMMISSIONER FIALA: Jim Mudd just made a point to note
that they don't have control over the land. He just made a point to
note that there's no deed in their name yet. That hasn't been signed.
MR. SCHMITT: That's correct. What they -- what Mr.
Y ovanovich stated though is they -- by the permit that they submitted,
it was a metes and bounds -- I believe a metes and bounds survey that
pretty much included that land. Somehow we'll have to try and go
back to them and see if we can amend that permit to take that portion
of land out.
And again, this came up Friday. I have not called anybody in the
Corps to ask them if there's a possibility we can amend this permit.
We'll see if we can explore that.
But Jim is, in fact, correct, it really hasn't been completed yet, but
the information that was provided to the Corps included that land.
Somehow they would have to -- we would have to work with them
and see if they would allow us to amend it to take that property out of
the permit. It was mitigation.
COMMISSIONER FIALA: Yeah, but you know what I -- I hate
to say this right on the record like this, but Jim has such a positive
attitude and figures he can get it. I think I'd rather have him dealing
with them than anyone else.
MR. SCHMITT: Well, both he and I have points of contact in
that organization. We seem to know a few folks, and we'll try and see
if we can work it out.
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November 13,2007
COMMISSIONER FIALA: And I think that Anthony has
something to say.
MR. YOV ANOVICH: Yeah, the math number is actually -- it's
-- we thought it was 325, and it turned out to be 345 instead of the -- I
think we're -- unless you need to hear --
CHAIRMAN COLETTA: Let me check with Commissioner
Halas to see ifhe has something else he wants to address now.
COMMISSIONER HALAS: I'll wait till the staff is ready to give
their presentation. I've got some questions to ask. Thank you.
CHAIRMAN COLETTA: Okay.
MR. MULHERE: Good afternoon. For the record, Bob Mulhere
with RW A. I'll be, I think, very brief.
Rich -- excuse me. I'm going to get the other microphone. I
think Rich covered really all of the issues.
I do want to just briefly go over the site plan. If we could go to
the visualizer.
You know, as Rich indicated, the property -- basically at a
diagonal running through the property, the urban boundary runs and
separates the urban portion from the rural fringe mixed-use district
portion. And as can you see from this aerial, the native preservation
exists predominantly in the urban area.
And if we overlay the master plan, you can see that we have
protected that native vegetation and that the development area will be
on the areas that are already impacted, and we'll utilize density
blending to accomplish that.
Access, of course, is offU.S. 41, running past Reflection Lakes
and into the project. Again, you can see the old farm access. And
we've designed the site to minimize any additional impacts.
You can see it's a system of stormwater management, lakes and
development pods, native vegetation, and open space.
MR. MUDD: The red line? Tell them what the red line is.
MR. MULHERE: Oh, yeah. The red line running through here
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is the county's urban boundary, urban here, and rural fringe mixed-use
district to the north and east.
I did want to reiterate, there are a couple of substantive policy
issues that this petition furthers, primarily starting with the rural fringe
mixed-use district TDR program. This is really the first project that
has actually made it this far and before you for deliberation of any
substance that will utilize TDRs. Every single unit above those
already approved and in the PUD will be accomplished through the
TDR program.
And I did want to show you, the off-site preserve that you can see
on that exhibit is the area both that we're talking about relative to the
conser -- Corps conservation area and also an area where we will
obtain some of the TDRs that are necessary.
But approximately 200 TDRs will come from that, leaving more
than 400 TDRs that need to come from other locations.
This is, I think, significant and very important in a time -- the
current economic time because there really is, I think, importance to a
project coming forward of this scope and scale that will utilize those
TDRs. And, again, this is the first time you're actually seeing a
project of this size that's going to implement that program.
You remember the major policy -- or one of the major policy
issues related to that was protection of habitat -- of listed species and
their habitat, and so all of those acres within the sending area from
which the TDRs will be severed will further that policy of protecting
wetlands and listed species habitat and listed species.
The other, I think, policy issues that really, for quite some time I
think the board has thrown out the gauntlet to the development
community to step up to the plate, particularly in terms of
enhancements, and to grab the bull by the horns and to come up with a
program that will address deficiencies and major transportation issues,
and I think this is an example where an awful lot of effort has been put
into creating the consortium and coming forward with a very viable
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program that, you know, frankly, your staff can strongly support.
The last thing I wanted to say that I think was not yet put on the
record is, the EAC made a recommendation, a unanimous
recommendation relative to this petition and -- for approval. And the
Planning Commission voted 6-2 in favor of forwarding this petition to
you with a recommendation for approval.
I'm sure you're going to have a number of questions, and I'll defer
now to the staff, and then to your questions to follow.
CHAIRMAN COLETTA: Commissioner Halas, did you want to
COMMISSIONER HALAS: I'll wait till staff gets up with their
CHAIRMAN COLETTA: Okay, fine.
COMMISSIONER HALAS: Thank you very much.
CHAIRMAN COLETTA: Commissioner Henning, did you want
to address anything at this time?
COMMISSIONER HENNING: Yes.
CHAIRMAN COLETTA: Okay. Please do.
COMMISSIONER HENNING: Mr. Mulhere, this is an old farm
field?
MR. MULHERE: Correct.
COMMISSIONER HENNING: The -- what's the -- what's the
history on the triangle, the preserve area that's in the urban area?
MR. MULHERE: You mean why wasn't that cleared for
agricultural reasons; is that your question?
COMMISSIONER HENNING: Yes.
MR. MULHERE: Farmers are -- I guess I've learned that farmers
are pretty smart, and typically they have not cleared the wettest areas
on a site or areas that have wetlands, and they've preserved those
really, I think, to benefit the site. They're going to have to pump water
off of the farm field into other areas off site --
COMMISSIONER HENNING: Okay.
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November 13, 2007
MR. MULHERE: -- and they could use the wetlands for those
purposes.
COMMISSIONER HENNING: So that was the most sensitive
as far as environmental?
MR. MULHERE: Yes, it was.
COMMISSIONER HENNING: Okay. I mean, I just find it odd
that they did that in the urban area where you're allowed density, and
then they didn't in the fringe area.
MR. MULHERE: Yeah. I think primarily the reason is that the
natural hydrology and water flow, those areas could accept the latter.
And typically they do have to pump water during the wet season off of
the fields and, you know, that makes it a little bit more available for
them.
COMMISSIONER HENNING: Now, the road on the westerly
boundary, is that a public road going up to the project?
MR. MULHERE: Yes, it is.
COMMISSIONER HENNING: Okay. Thank you.
CHAIRMAN COLETTA: Thank you. Please continue. Go
ahead, sir.
MR. BROWN: Good afternoon. Willy Brown representing the
Department of Zoning and Land Development Review.
I should preempt my presentation by saying I'm very new to this
project. The developer's been working with it much longer than I
have. I've only been a county employee now for 13, 14 months.
Regardless, the petitioner's description of the project is consistent
with the application on file with the department of zoning. Staffs
assessment is that the project complies with the appropriate
regulations of the Land Development Code and Growth Management
Plan of Collier County.
Essentially the petitioner is requesting to increase density from
0.8 to 1.67 dwelling units per acre while also revising the residential
development standards in which to accommodate the proposed
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increased density. The amount of acreage is not changing.
Approval of this ordinance would repeal the original ordinance,
Ordinance 99-42, which would be substituted by the PUD document
in front of you.
Staff recommends approval of the proposed RPUD, R -- rezone,
excuse me, amendment. An analysis upon which conclusions were
drawn can be found in the PUD and rezone findings submitted as an
attachment to the staff report and executive summary.
Staff is recommending approval of this petition subject to the
agreed-upon developer commitments which may be found in Exhibit F
of the PUD document, as well as the associated transportation DCA
and proposed deviations.
Environmental staff has reviewed this petition. A 63.7-acre
preserve, as you've already heard, would be maintained on site
providing interconnectivity with existing abutting preserves for
preservation of native vegetation, including hydric and nonhydric
pine, pine cypress and palmetto.
The following information was introduced at the neighborhood
information meeting as described by the community planning
coordinator. The type of product intended for this project is single-
and multifamily lifestyle community dwelling units.
Naples Preserve Boulevard via U.S. 41 east would be the primary
route of access with possible interconnections between Winding
Cypress PUD and/or Greenway Road.
Primary construction access would be from Naples Reserve
Boulevard. Proposed building heights would range from 35 to 75 feet.
Overcast lighting would not be a concern, as there are 30- foot
vegetation -- excuse me -- vegetative buffer on site between
Reflection Lakes and a 30-foot vegetative buffer between Walnut
Lakes.
There's a total of 63 acres of native preserves on site, most of
which is adjacent to Reflection Lakes, as you've heard.
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Stormwater would be directed toward the U.S. 41 canal. Utilities
would be provided by Collier County Water and Sewer, and wellsite
easements are set aside for potable water in the future. Buildout is
anticipated in four to five years of the development order approval.
The Collier County Planning Commission heard this petition on
October 18th of this year and voted by a vote of six in favor and two
opposed recommending to forward this petition to the Board of
County Commissioners with the recommendation of approval subject
to the recommendations found in your executive summary.
A summary of the zoning department's assessment is as follows:
A variety of housing types are proposed, including patio homes and
villas. I had not heard that mentioned. A number of detention ponds
and traversing canals are proposed to keep the site properly drained.
Elevation of the site would be raised to a level above flood protection
in accordance with South Florida Water Management permitting
requirements.
Primary access, again, would be from Naples Reserve Boulevard
with alternative future gated access proposed from Greenway Road.
The transportation department will cover the details of an
accompanying DCA regarding improvements to U.S. 41. Actually,
you've heard that. Transportation Planning Director, I'm sure, will
make comments regarding the DCA.
Maximum building heights are proposed up to 75 feet for a multi
-- for the multifamily dwellings. As the site is over half a mile away
from U.S. 41, and sits between the Picayune Forest, Winding Cypress
DRI, and row crops, the proposed buildings would not be visually
intrusive from any scenic corridor, beach, or other area amenity.
The density of the project is, again, increasing from 0.8 to 1.6
units per acre. A total of 1,154 total units are proposed. The
commercial tract is being eliminated and the number of golf holes are
being reduced from 36 to 18 holes, in which to accommodate the
increased density. The proposed uses, in staffs opinion, is compatible
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November 13,2007
with existing surrounding uses in the area.
Lastly, no letters of opposition have been received by the
department of zoning, and that's staffs statement.
CHAIRMAN COLETTA: Thank you. Let's go to
Commissioner Halas.
COMMISSIONER HALAS: Yeah. This is kind ofa low profile
area, so one of the things that popped up -- and you covered it -- but I
just want to know what the real height of these buildings are going to
be since the zoning height is 75 feet.
MR. YOV ANOVICH: That's the actual height.
COMMISSIONER HALAS: This is the actual height or zoning?
MR. YOV ANOVICH: Yes, sir. The actual height is 75 feet.
COMMISSIONER HALAS: Okay.
MR. YOV ANOVICH: We had a long discussion with the
Planning Commission, and they wanted to cap the actual height
instead of getting into zoning and what could be on top of that.
COMMISSIONER HALAS: Okay. You answered my question.
That was a concern of mine because I figured that there would
probably be an additional 10 feet to 12 feet higher.
MR. YOV ANOVICH: No.
COMMISSIONER HALAS: The other concern I have -- and this
would being for Nick Casalanguida or Norm Feder. This is in regard
to the DCA portion of this.
MR. CASALANGUIDA: For the record, Nick Casalanguida,
with transportation.
COMMISSIONER HALAS: Right, Nick. And if you could give
me some idea with the intersection improvements at U.S. 41 and 951,
what are we talking for operational lanes after this is addressed?
Because I believe this is at grade; is that correct?
MR. CASALANGUIDA: That's correct. And we have an
exhibit that specifically does -- shows the intersection. We can put
that on the monitor if you want to give me a second to pull it up.
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COMMISSIONER HALAS: Because that intersection is -- is
really malfunction junction at this point in time.
COMMISSIONER FIALA: Boy, you know it.
MR. CASALANGUIDA: You can see the lane calls over there.
Heading westbound -- and it's hard for me to look over my shoulder as
we go.
COMMISSIONER HALAS: The other question is a follow-up
question so you can explain this. Is this going to be, with the
additional lanes that you're going to put in here, is it going to make it
user-friendly so people know what lanes they're supposed to be in?
MR. CASALANGUIDA: It's going to be a lot of pavement at
that intersection, and there will be skip-lines design, according to
FDOT index, but it's going to be a lot of pavement there, so they're
going to have a challenge, just as they do right now. I can't tell you
that it's going to be a lot better getting through that intersection.
COMMISSIONER HALAS: Can you explain it a little bit here
so I can get a level of comfort here?
MR. CASALANGUIDA: Sure. You're going to max out the
triple-left turn lanes in all directions by adding -- in adding dual rights
in certain directions. As you approach the intersection from the --
from the east side, we're going to do a six-lane approach for
approximately a quarter-mile.
The configuration isn't going to change that much as you
approach it by -- when you look at the diagram you have in front of
you -- I have a color diagram, which is a little easier to read, and I'll
look at that.
By the way, the County Manager lost the bet. He couldn't
pronounce my name without a little fumble there, so -- he'll get it right
eventually.
COMMISSIONER FIALA: Try and say it like you do. You go,
Nick Casa-blaaa.
MR. CASALANGUIDA: There you go. Predominantly you're
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November 13,2007
going to have triple-lefts in all directions. Heading eastbound you're
going to have dual rights. Heading northbound you're going to have a
single right. Heading westbound, dual rights, and having southbound
a single right.
You are maxing it out at grade. You're not going to notice that
much as you approach the intersection with the existing lane that's
right there. It is going to be a confusing intersection.
The problem that FDOT had that's similar to Collier County staff
is, you've got an area that's a -- above grade or do a flyover, an
overpass, you're looking over a hundred million dollars, so it's the best
we can do at grade is what you're seeing with that exhibit right now.
COMMISSIONER HALAS: The other question I have is that
this consortium has said that they're going to put in all the necessary
roadway and everything. Does that mean that they're also going to
take care of all the underground and working with FP&L and Sprint
and everybody else involved in this?
MR. CASALANGUIDA: Whatever's part of a road project, they
will take care of.
COMMISSIONER HALAS: Okay. And so they've stepped up
and said that they think it's going to cost 42 million. The county
thinks it's going to cost 53 million?
MR. CASALANGUIDA: Fifty-three million by the estimate that
the county had prepared by the people that did the PD&E for FDOT.
COMMISSIONER HALAS: Okay. But that's my concern.
They're going to take care of everything in the right-of-way?
MR. CASALANGUIDA: Everything in the right-of-way.
COMMISSIONER HALAS: Above and below the ground or
above and below the road?
MR. CASALANGUIDA: Everything that's required for a road
project, they will be responsible to take care of.
COMMISSIONER HALAS: Thank you.
MR. CASALANGUIDA: I have some housekeeping to do, but if
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you'd like to ask some questions, I can continue.
CHAIRMAN COLETTA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Let's get back to the maximum
height issue. There's something that's inconsistent here. The Collier
County Planning Commission recommendations have said that Exhibit
B should be revised to reflect the following building heights. Unless
otherwise noted, all building heights shall be zoned building heights as
defined in the LDC.
Now, if I remember correctly, zoned building heights as
identified in the LDC are not actual building heights.
MR. YOV ANOVICH: Do you want me to answer that?
COMMISSIONER COYLE: Anybody. Anybody who's got the
right answer.
MR. YOV ANOVICH: Yeah. If you look at the development
table, you'll see, under the multifamily -- and that's what they were
concerned about on building heights.
COMMISSIONER COYLE: Seventy-five feet.
MR. YOV ANOVICH: It said 75 feet actual, so that's where we
addressed the multifamily. It says 75 feet actually in the --
COMMISSIONER COYLE: Now, you're looking in the PUD?
MR. YOV ANOVICH: In the PUD document.
COMMISSIONER COYLE: Okay. I'm looking at the executive
summary. The executive summary doesn't say that.
MR. YOV ANOVICH: Oh, okay.
MR. MULHERE: Yeah. We did correct that, Commissioner
Coyle, in the PUD. And the main issue was the 75 foot, that that be
the actual, and as Commissioner Halas indicated --
COMMISSIONER COYLE: And actual measured from what?
MR. MULHERE: Existing ground.
COMMISSIONER COYLE: FEMA or existing ground?
MR. MULHERE: No, existing ground.
MR. YOV ANOVICH: Yeah. Zones is when you get into
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FEMA, and then the -- whatever can go on top, so they were -- they
wanted to make sure, if you're looking at it from the ground, how tall
is it going to be.
COMMISSIONER COYLE: Okay. Now I need to talk with
some of the planning people, staff planning people. For single-family
dwellings, the residential development standards have variances
requested. They're requesting a minimum front yard reduction of five
feet, a minimum rear yard reduction of five feet, a minimum lot area
reduction of 60 percent, and a minimum lot width reduction 60 feet to
40 feet.
Now to offset that, they're reducing the maximum zoned height
from 35 feet to 25 feet and the distance between structures, rather than
being 0, as the development standards apparently specify, they will be
12 feet proposed.
Now, what I'm trying to get at is, how do you take all of these
deviations into consideration to answer the appropriate questions
about whether or not we should approve them, the criteria for PUD
rezones?
So how do you take all this into consideration? What's it going
to do to the character of the community? Is it going to provide better
separation of buildings or less? What is the overall result of all these
deviations?
MR. BROWN: I wouldn't categorize it as a deviation because
they're repealing the old ordinance and replacing it with this new
ordinance before you. Essentially the site is being compacted with
more residential units, and they're going vertical, so they're going
higher, all in an effort to increase density, to build more residential
units there.
COMMISSIONER COYLE: What does that mean for the
character of the community?
MR. BROWN: I don't see it changing the character of the
community. You've got the Picayune Forest, you've got residential
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row crops on one side, and you've got Winding Cypress DRI on the
other. Reflection Lakes is to the south. I'm not certain what the
difference in density is between the two developments. Perhaps the
developer knows. But I don't see this being a major change in
character for the area.
COMMISSIONER COYLE: One of the considerations is, will
the proposed change seriously reduce light and air to adjacent areas?
MR. BROWN: In terms of the separation between buildings,
what you see in the new ordinance is a greater separation than what
was approved in the original PUD, so this part of the ordinance has
been enhanced.
MR. MULHERE: Could I respond?
COMMISSIONER COYLE: Sure.
MR. MULHERE: Again, Bob Mulhere, for the record.
Increasing either our greater demands within the development to
address native vegetation protection and to address open space.
And, you know, the density in this project is only -- and what
we're asking for, is only 1.67 units per acre. It's not a very dense or
highly dense project really at all.
I think that the quality of the development will be similar or
better than many of the communities that you might think of, and
including the one which is immediately to the south of it, Reflection
Lakes. These development standards are minimums. They're in there
to provide flexibility in terms of design and product because of the
increasing land costs and, you know, to keep within a point -- a price
point that's going to be acceptable to buyers.
Typically the size of lots are getting smaller, but the desire for a
unit size is not really getting smaller, still 2,000, 2,500, or 3,000
square feet. So you make up for that with amenities within the project
and you make up for it with open space and you make up for it with a
native preservation, which actually become amenities for the
residents.
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November 13,2007
I really think that you'll have a very high character and high
quality development here that won't be inconsistent with other
residential PUDs and actually is at a pretty low density gross at 1.67
units per acre.
COMMISSIONER COYLE: What would you estimate the
height of this building to be?
MR. MULHERE: You mean typically or--
COMMISSIONER COYLE: This building.
MR. MULHERE: This building, probably 90 feet. I don't know.
You know, it's eight stories. It's probably 90 feet. It does have a flat
roof which, you know -- probably 90 feet.
We're talking 75 at the highest, if anything is built that high, from
the center line of the road to the highest point of any appurtenance,
any -- and so you're really talking about five or a maximum of six
stories in that case.
COMMISSIONER COYLE: What does stipulation T mean
under transportation? Nick? On page 5 of the executive summary?
Actually page 5 of 139, top of the page, transportation. Eliminate
redundant stipulations and add stipulation 1. I'm sorry, not T, 1.
MR. CASALANGUIDA: Let me take a look. One of the
recommendations from the Planning Commission was to start to pull
out a lot of the language that's already in the LDC.
It's the stormwater system for the project. What they've done as
part of the developer contribution agreement as well as the PUD -- as
you know we are doing the Wilson Boulevard/Benfield Road corridor
study. We haven't determined where that roadway alignment's going
to be. They've agreed to reserve a 100-foot right-of-way and also
provide water management should that roadway fall within their
property line. So it's an added benefit we could touch on. It's in the
DCA as well as the PUD.
COMMISSIONER COYLE: Okay. Now, one of the things I
had asked for -- and either it didn't get to me or we had a
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miscommunication, not with staff. But I'm having a hard time getting
my arms around the transportation requirements, the available
capacity after the improvements are made, and how much that
capacity will -- how far will that capacity carry us out into the future.
MR. CASALANGUIDA: Sure. Reed can probably bring up a
few things, but I can tell you what I've done on my behalf. And the
numbers -- when DOT looked at the PD&E, they took us out to about
2020 saying, this intersection will take it out to 2020, and they
assumed a background growth rate.
We were much more conservative than they were. We've said,
let's take some of the vested development that's in there, let's look at
some of the history of what they're growing at, and let's run it up.
We get to be about 2015 or so before you start getting some
particular failing movements that begin to take place with the overall
intersection somewhere between 2015 and 2020 starting to have a
problem.
We understand that this intersection movement is not the end all
and be all. I can tell you now what the corridor study we're doing --
you're looking at a parallel facility to get you out of this. I don't see
this becoming grade separated in the future. So I would say between
2015 and 2020, that intersection will start to experience failure with
the complete failure somewhere around 2020.
COMMISSIONER COYLE: Based upon what assumptions for
future development?
MR. CASALANGUIDA: That's including all the vested
development that's in those areas, assuming a moderate growth rate,
and a moderate growth rate of approximately 2 percent of background
traffic, not including the vested development. In addition to, I should
say.
COMMISSIONER COYLE: Let me make sure I understand this.
We're going to take all the vested development --
MR. CASALANGUIDA: Yes, sir.
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November 13,2007
COMMISSIONER COYLE: -- all of the existing traffic --
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: -- that exists, and we're going to
add some additional capacity to this network, and that capacity will
meet the needs of all of the vested developments plus the projected
developments' volume from the developments that are participating in
the consortium to build the -- or to improve the road network.
Is there any capacity left for anything else other than a general 2
and a half percent annual growth rate?
MR. CASALANGUIDA: I'll answer that in two parts. At the
intersection, probably not in the future. On the roadway link itself,
you will have additional capacity. We gauge roadway capacity by
two things; the volumes you can pump out through the intersection
and the width of the roadway in front of the projects back and forth.
So if you look at 41 east of 951, they're doing a two-mile
widening to four lanes, expandable to six. So in the future you could
take that roadway from the intersection east two or three miles and
widen it to six lanes. So that roadway itself will have additional
capacity. That intersection will begin to max out with everything you
just talked about in between 2015 and 2020.
COMMISSIONER COYLE: And the only way you deal with
that is a parallel road network north and south probably to the east of
951?
MR. CASALANGUIDA: That's correct, sir. And we've begun
that corridor study right now. We're working on that now. As part of
that, I've asked them to reserve some right-of way and provide water
management, so if we are successful, we'll be expanding the facility to
the east.
COMMISSIONER COYLE: Now, I seem to recall reading in
the traffic impact statement that is contained in the companion item
that by 2013 we're going to be operating at a level of about aD.
MR. CASALANGUIDA: It's -- and it's particular movements.
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2013, you're going to be D/E of the entire intersection, not just the
roadway. Once you get into 2015 through 2020, depending on the rate
of growth in that area, you will start to get into E/F for the
intersection.
COMMISSIONER COYLE: Okay. Now, the bottom line, as I
understand it then, is essentially this: This consortium that is working
together with us to build the road improvements will create enough
capacity for their developments all the way out through buildout for
their developments?
MR. CASALANGUIDA: That's correct, at the intersection.
COMMISSIONER COYLE: Any development that is going to
add more than 2 and a half percent, any growth or additional
development that will add more than 2 and a half percent per year out
to, say, 2015 cannot be approved.
MR. CASALANGUIDA: Well, the way we've structured the
agreement is twofold. They're going to evaluate this when the road
project is complete. In paragraph 9 in the agreement we've said,
nobody else gets to go -- and I've got some housekeeping to take you
through paragraph 9 -- unless you approve the development
yourselves, the Board of County Commissioners and then when we --
when the road project is open, we'll evaluate that at that time to see
what they're like at that point in time.
COMMISSIONER COYLE: And that's in the companion item.
MR. CASALANGUIDA: That's in the agreement, sir.
COMMISSIONER COYLE: In which agreement; both
agreements?
MR. CASALANGUIDA: The developer contribution agreement.
COMMISSIONER COYLE: Okay. That's what I mean.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: So no other developer can proceed
unless we, the Board of County Commissioners, exercises their
discretion to let them proceed based upon a traffic analysis at that
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November 13, 2007
time?
MR. CASALANGUIDA: That's right, sir.
COMMISSIONER COYLE: That would probably include some
contribution from them to do something to improve it, right?
MR. CASALANGUIDA: Yes, sir, exactly.
COMMISSIONER COYLE: Okay. But absent any agreement
for someone to improve the road network, generally no more
development is going to occur in this area; is that a fair statement?
MR. CASALANGUIDA: Except for vested development.
COMMISSIONER COYLE: Except for vested -- yeah.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: We don't have any choice about
that.
MR. CASALANGUIDA: And then you adopted the more
stringent 223 traffic analysis, so anybody that impacts that link above
2 percent threshold on the adjacent roadways will not get to go either.
COMMISSIONER COYLE: Okay. All right. Thank you.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, Nick, did you
finish before, or -- you still had some other things to say, didn't you?
MR. CASALANGUIDA: I have a little housekeeping to take
care of.
COMMISSIONER FIALA: Why don't you take care of yours,
and then, can I go?
CHAIRMAN COLETTA: That sounds fine, Commissioner
Fiala.
MR. CASALANGUIDA: First of all, you know, I've got to give
credit to Mr. Klatzkow, Attorney Klatzkow, and -- for his effort in
putting this together with me and Laura Beard who came over from
housing about a year ago. I think she's ready to go back now after
spending a year with us working on these agreements, and also the
development community, because they really stepped up. I think they
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banded together. And, you know, we said not enough time, I think
they started to realize there were some improvements to be done.
In the agreement itself, in the last week or so we've had
discussions with the consortium, and as you would expect, an
agreement of $53 million, you're going to have some people when it's
actually time to put their name on ink and commit to it, they step back.
But the core developer consortium stayed intact, and so I'd like to
enter a couple on the record, and I'll put them on the viewer, things
that have changed.
The exhibits that go with the changes have also been modified
accordingly. I don't think I need to put them on the viewer, but I will
go through them one at a time.
I will put on Exhibit A, which shows the developers, where
they're situated, and we'll enter that into the record as an update to the
agreement to reflect any changes.
We will update schedule I and J, which is the impact fee credits
and the phasing schedule, to reflect any changes, if we want to enter
those into the record.
And also we'll put the agreement on the viewer. The yellow is
stricken through. Those are the people that decided not to opt into the
agreement. It only reflects a change in dollar amounts of
approximately $600,000, $700,000. So the impact fee credit went
from 29 million, 111, approximately, to 28 million, 466, so it actually
became a better deal for the county. We're giving less credits
accordingly with that.
We're adding a sentence or phase to paragraph 9, and that's for
our benefit as well, too, unless otherwise adopted by the Board of
County Commissioners, that's that statement that nobody gets to go
unless this board sees fit to approve a different developer contribution
agreement.
And I want to make a clarification, as Mr. Y ovanovich has done,
on the phasing scheduling. They get COs per each individual phase as
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they complete those phases. In the agreement it talks about the
completion of the phases. But for the record, with each completed
phase, they will get COs with that completed phase.
I have updated the other exhibits as well, A and B, which are the
legal descriptions, and I've updated Exhibits I and J, as brought
forward. No other changes to be brought forward. That agreement
stands as it's written. I can answer questions. I have more information
if you want, but I'd prefer to answer your questions if you have any.
COMMISSIONER FIALA: Now I'll go.
MR. CASALANGUIDA: Okay.
COMMISSIONER FIALA: Okay. So many, I don't like mixing
the DCA with this -- with this approval, with this zoning, because
there's some confusion on that part. But I think long as everybody has
been doing that, I'll go along with that as well and then try and sort it
out when we have time to vote.
MR. CASALANGUIDA: Okay.
COMMISSIONER FIALA: Okay. We were -- way back when
you were talking about the interchange and how bad it is -- and we
know it. And right now what happens with the way it's configured --
and it looks like it doesn't change much. People that make lefts make
lefts right into each other practically. It's really a very, very
dangerous intersection, and what we're going to do is augment that, it
seems.
MR. CASALANGUIDA: We're going to do a little better.
FDOT -- the good thing about the agreement is, FDOT, Collier DOT,
and the water management district get to review the plans, and it is our
full intention to try and pull out any quirks that we can out of that
intersection knowing that we're constricted with the alignment as it is.
COMMISSIONER FIALA: Okay. Now, right now with the --
with the right turn, everybody has to stop, so they're really not
efficient anyway; you're not going anyplace. If there could be
continuous feed that would make it better. Are you planning on --
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November 13, 2007
with dual rights, are you going to be having some that's just a
continuous feed going through there?
MR. CASALANGUIDA: It will be signalized, so it won't be
continuous. There'll be some right turn on reds.
COMMISSIONER FIALA: So you're going to be stopping the
right-hand turns anyway?
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER FIALA: Oh, wow. Okay. So that's not very
efficient, okay. And then I already talked about head -- you know,
people heading -- right.
Is there going to be some way -- some way to have some kind of
security measures for that intersection to protect some of the drivers?
MR. CASALANGUIDA: I can tell you that the good thing about
this is because they're taking on the design and permitting, it doesn't
mean they just get to go and do what they want to do. We're going to
run two public meetings as part of this project, so the public will be
involved with stakeholders, we'll have access management review at
DOT, and I'm sure we're going to go through a road safety out on this
project as well, too. This project will be designed in accordance to
Collier County and state standards. We will be overseeing it the
whole time. This will not be just a developer building a road at his
pleasure. It will be our standards with them.
COMMISSIONER FIALA: Now, if we find -- back to the rights
again then. As long as you're going to be doing this, I know on quite a
few roads here in Collier County that when they have dual rights, one
continuously feeds right, the other one stops. Is that going to be
something that you might be able to do to move traffic?
MR. CASALANGUIDA: I don't think with this large of an
intersection that we'll be able to just do a free-flow right with a merge,
but we'll look at that.
COMMISSIONER FIALA: Just so we know what we're dealing
with.
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November 13,2007
MR. CASALANGUIDA: Sure.
COMMISSIONER FIALA: That's what I want to know. Now,
isn't the state -- now, we were talking about how this road is going to
fail probably by 2015, somewhere between 2015 and 2020.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER FIALA: Okay. Isn't the state responsible for
three legs of this road?
MR. CASALANGUIDA: They are state roads, but we don't see
any state funding in the foreseeable future.
COMMISSIONER FIALA: Yes. I just wanted to put that on the
record as well.
What about -- now, we were talking about other developments.
Does that mean that -- because of the condition of the roadway, we're
not really going to be approving much of anything else in that area
anyway. Does that mean if there was something that came up that was
-- I can't even think of anything right at this moment.
MR. CASALANGUIDA: I can.
COMMISSIONER FIALA: Anyway, does that mean nobody
could even come to us in advance because these people haven't -- the
vested units haven't been built; do we have to wait till all of the vested
units are built?
MR. CASALANGUIDA: No, ma'am. You have the option in
the agreement under paragraph 9 to review anything that's brought
forward to you for additional improvements. And I'm sure there will
be people doing that.
COMMISSIONER FIALA: Well, it's kind of nice though, you
know. This is a nice barrier to any development. Because we have so
much environmentally sensitive land, it kind of says, here's a nice wall
that, you know -- it kind of stops you. It runs you kind of short there.
MR. CASALANGUIDA: We required a public meeting, just so
everybody knows, that we had the developer do a public meeting to let
the people know. They weren't required to do so. So we asked
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November 13,2007
anybody and everybody that right now is stopped, if you want to join,
you can join. If you want to wait, you can wait.
COMMISSIONER FIALA: And that's a perfect segue into my
last question. Now, we know -- we're working right now with the
Naples Reserve and we're approving their zoning as one part of this
conversations, 8B, the next part is the DCA. This DCA does not in
any way -- and I want to put this in the record, and Rich Y ovanovich
can stand up here with the Bible, please, and say that there is --
COMMISSIONER COYLE: Wouldn't do any good.
COMMISSIONER FIALA: -- no zoning that is approved with
this DCA. I mean, anything that isn't zoned, even if they're in the
consortium, do not get zoning by right.
MR. CASALANGUIDA: No, ma'am, they do not. All this DCA
does is it handles your transportation issues with respect to the county.
If there are any other issues this board wants to review, you are not
obliged to approve zoning based on approval of this DCA.
COMMISSIONER FIALA: Okay, fine. And as long as we're
talking DCA also, I just want to say that my friends back there, way in
the back from Eagle Creek, they've been having some concerns, and I
told them I would never vote for this unless their concerns were met
and answered appropriately, and as of today at one o'clock, they were.
So I just wanted to note that, boy, that was right down to the wire, but
thank you for keeping me in the loop, guys, thank you.
MR. CASALANGUIDA: You're welcome.
CHAIRMAN COLETTA: Nick, if! may?
MR. CASALANGUIDA: Yes, sir.
CHAIRMAN COLETTA: Just -- I realize you put a lot of time
and effort into this, and I'm sure we all appreciate it. Let's play the
what-if game. If the particular item fails today, what is plan B as far
as taking care of the road?
MR. CASALANGUIDA: There isn't a plan B for the county.
We would wait for the state. Your backlog development would still
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November 13, 2007
continue to development, that intersection would approach failure in
the next three to five years. You wouldn't have a plan B right now.
The corridor studies are plan B, but a corridor study takes you
into design, which we know, similar to the Vanderbilt project, it's 10
to 15 years from corridor study to rubber meeting the road, before the
county would have a supplemental facility for this intersection.
CHAIRMAN COLETTA: Thank you, Nick.
Let's go to Commissioner Halas, then Commissioner Coyle. And
I want to remind everyone that Commissioner Halas has to leave at
four o'clock, and we've still got another two land use items to be able
-- to have to get through, because I doubt seriously the petitioner is
going to want to deal with it with only four commissioners sitting up
here.
Go ahead, Commissioner Halas.
CHAIRMAN COLETTA: Yes. I have some concerns being that
this is a low profile area and we were discussing building heights. I
would feel a lot more comfortable since this is a low profile area, and
this is for the petitioner, of addressing 65 feet as the maximum height
instead of the 75 feet.
MR. YOV ANOVICH: Is that everything?
COMMISSIONER COYLE: It depends.
COMMISSIONER HALAS: We'll see how it works.
MR. YOV ANOVICH: If that's everything, that's fine, to go to 65
feet, actual.
COMMISSIONER HALAS: And that's the actual height from
the ground to the very tippy top?
MR. YOV ANOVICH: Yes. But I've been told by the Planning
Commission we're not allowed to use the term tippy top. We have to
come up with something else.
COMMISSIONER HALAS: The weather vane.
MR. YOV ANOVICH: I use tippy top, and they tell me to stop,
but I can't think of another word.
Page 13 7
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November 13,2007
COMMISSIONER HALAS: Okay. The ridge. The very top of
the ridge.
MR. YOV ANOVICH: To the top, yes. To the top.
COMMISSIONER HALAS: There's an elevator shaft or
whatever's at the top.
MR. YOV ANOVICH: Top ofthe elevator shaft.
COMMISSIONER COYLE: Architectural appurtenances.
COMMISSIONER HALAS: Yes.
CHAIRMAN COLETTA: Okay?
COMMISSIONER HALAS: Okay. Did I have anything else
here? I think that was it.
CHAIRMAN COLETTA: Commissioner Coyle, then we have
three speakers.
COMMISSIONER COYLE: Well, why can't you come down to
55 feet?
MR. YOV ANOVICH: Zoned height?
COMMISSIONER COYLE: No, tippy top height. No, we're
over that. I'm just pulling your chain a little bit.
But Nick, can you put on the overhead that intersection--
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: -- graphic, please.
Okay. Now, what I don't understand is why we can't have
continuous-flow rights for two turn segments, for traffic eastbound on
41 turning right to Marco and for traffic southbound on 951 turning
right toward Naples.
You know, you could -- you could install a curb 18 inches wide
there to separate so that they couldn't be merging close to the
intersection. You've got a pretty long merge throat for both of those
areas. Why couldn't you -- and that's where most of the traffic's going
to be turning anyway on those two directions. Why couldn't you save
yourself a lot of grief and put in an 18- inch-wide curb with some
stakes on it to separate the things and let's them free flow.
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November 13, 2007
MR. CASALANGUIDA: They've got to be able to merge back
in, and because of the driveway conflicts, close to the intersection, you
can't do that. I know what you're saying, you just have a continuous
right. So to take them back into the travel lane --
COMMISSIONER COYLE: Oh, you're talking about other
traffic being able to get across those?
MR. CASALANGUIDA: Exactly, coming through and across
and getting in and out of those lanes. You would need --
COMMISSIONER COYLE: I understand.
MR. CASALANGUIDA: -- need a lot of space to be able to get
them back into the travel lane again.
COMMISSIONER COYLE: I understand. Okay, thank you.
MR. CASALANGUIDA: You're welcome.
CHAIRMAN COLETTA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Can I see the master plan again,
the proposed master plan.
MR. MUDD: This one, Commissioner?
COMMISSIONER HENNING: Yes. Okay. Can you point out
where you're going to put the multifamily?
MR. MULHERE: Well, it can -- generally the area was in this
vicinity. Obviously, multifamily -- multifamily by Collier County
definition is more than two units, so three units in a villa is
multifamily. But are you referring to if we were to go four stories or
five stories?
COMMISSIONER HENNING: Correct.
MR. MULHERE: Yeah. It would be in this area here.
COMMISSIONER HENNING: Okay. Where's U.S. 41?
MR. MULHERE: It's down here.
COMMISSIONER HENNING: Okay. So what is proposed in
the wooded area below you?
MR. MULHERE: This is presently -- what is it, a PUD? That's
Habitat's Regal Acres.
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November 13, 2007
COMMISSIONER HENNING: Okay. Never mind, thanks.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: You know, I'm going to just wait.
I'll put that back on. I'll wait until after the speakers.
CHAIRMAN COLETTA: Okay, sounds good.
COMMISSIONER FIALA: I'd like to make my motion then.
CHAIRMAN COLETTA: Please call the speakers.
MS. FILSON: Mr. Chairman, I have three speakers. Ray
Fitzgerald. He'll be followed by Donald Stack.
MR. FITZGERALD: Yes. Good afternoon, Commissioners, and
everybody on the development team for the development that we're
talking about.
My name is Ray Fitzgerald. I'm the president of the Collier
County Model Airplane Club, and we wanted to take this opportunity
to ask the commissioners to please consider any request to participate
in this piece of property that was on the screen earlier. It offers us a
really unique opportunity to relocate our field, which we need to do
now due to the development of a county park that's going to be
developed at the Manatee site that we currently occupy.
We've been at that location for 28 years. We developed that site
at our own cost, our own expenses. We maintain it at our own cost
and expenses. We've been thrilled to have been there for that period
of time, and we'd like to take this opportunity to thank you.
However, due to the fact that we need to relocate, it's a little
difficult to find a location that would be adequate for our type of
activity that takes place on the property. This property would be
really ideal the way we see it insofar as there would be no
environmental impact to this particular piece of property. It is a farm
field at the moment. There wouldn't really be any site work needed.
If anything, we'd be adding vegetation to the property by planting
grass to provide us with a runway.
It would also offer an opportunity for people in Collier County
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that don't participate in the baseball and soccer and football and such
contact sports that would like to be involved in this type of activity.
Other counties do have this type of facility. Broward County has
one. Name of it's Markham Park. I was involved with that community
when they put that together. Sarasota -- Sarasota has a park that the
county provides for their constituents. And it would just be a great
opportunity.
Our club right now, because it is a private club, we have dues,
and we've doubled our dues in the last three years, I believe it was, in
anticipation of having to build something on a new site. We used to
be $50 a year. Now we're $110 a year so we could build up a kitty to
be able to build up our own site. If we have a place with sand, then
that's all we're asking for. We'll build it, we'll maintain it, we'll
operate it, and the citizens of Collier County will get the benefit of it.
And we'll-- there's a tremendous need for this in Collier County.
There's many people who don't have an area to recreate in this fashion.
We have a lot of members at our current field that aren't flying the
type of aircraft that they have because we're too constricted in the area
due to development around us.
And one thing that we have in common with development is
development likes us to be away from them. We like to be away from
development. The southeast corner of this outparcel, off-site property,
is just ideal, and we anticipate that we would never have to move from
this site.
We've been in our current location for about 28 years, roughly 28
years, and this possibly might be our last season due to the fact the
park's being developed.
So possibly, you know, in listening to some of the discussion that
took place here with the state and the agreements that had been made,
and what I read in the newspaper as far as the A TV s and such in the
Golden Gate Estates properties that, you know, the state has haven't--
CHAIRMAN COLETTA: Sir, I'll have to ask you to wrap it up.
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MR. FITZGERALD: Okay -- still haven't come to the plate on
finishing that. Maybe this might help resolve that issue, too. I don't
know. But thank you for your time, and, hopefully you'll consider
this.
CHAIRMAN COLETTA: Thank you.
MR. FITZGERALD: Thank you.
MS. FILSON: The next speaker is Donald Stack. He'll be
followed by Jeffrey Birr.
MR. STACK: Good afternoon. My name is Don Stack, and I'm
the president of Eagle Creek Community Association. And as
Commissioner Fiala indicated, we do have a signed agreement right
now between Lowe's and Kite Realty and our association.
We believe Lowe's is going to be a great addition to our
community, and we really were pleased in our negotiations, and you
know how those go. But both Lowe's and Kites have been very
responsive to our needs, and I believe we're going to have a very good
relationship ongoing, and I hope that this thing goes through for all of
our sakes.
Thank you very much.
CHAIRMAN COLETTA: Thank you, sir.
MS. FILSON: Your final speaker is Jeffrey Birr.
MR. BIRR: Jeffrey Birr, Barron Collier Companies. With the
inclusion of the language that Nick mentioned in paragraph 9 of the
developer contribution agreement, my comments have been covered.
So assuming that is in the agreement, I'm fine. Thank you.
CHAIRMAN COLETTA: Thank, sir. And that concludes the
speakers?
MS. FILSON: That was your final speaker, sir.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Before I make a motion, I
wanted to know, is there any way that you can help us with that flying
field?
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MR. YOV ANOVICH: And Commissioner, we're committed to
that, but we need to find out from the Corps in a relatively quick
period, within about three months, that yes, it can happen. Because if
it can happen, we're going to bear the expense of modifying our
permit application. We can't hang out for an extended period of time
and try to make this happen. But if we all work hard and find out it
can happen in the next couple or three months, you have our
commitment to go ahead and make that happen. And we'll modify the
permit applications at our expense to make that happen if the Corps
says they'll work with us to free up 20 or so acres from the permit.
COMMISSIONER FIALA: Is there any suggestion that any of
my fellow commissioners have on that, or does that sound like a
workable thing?
CHAIRMAN COLETTA: You know, it's an unknown factor,
Commissioner Fiala. And I believe they're committed to make it
happen and I think --
COMMISSIONER FIALA: I think they are, yes.
COMMISSIONER COYLE: Assign the County Manager to get
it done.
COMMISSIONER FIALA: Yeah.
CHAIRMAN COLETTA: Okay. That sounds good. Everybody
nod their heads. I think you've been so duly instructed by this
commission to do that.
Any comments, Mr. Mudd, before we move on off that item?
MR. MUDD: Yes, sir. I want to make sure that I -- that we've
got an idea of where -- Rich, this is this area. Let's deal with this one
because it's -- it's this area right here you're talking about; is that
correct?
MR. MULHERE: Here. I've got an exhibit that --
MR. MUDD: That's okay, I'll get small.
MR. MULHERE: Okay, there we go. This was the area that we
-- you know, that had been discussed, I think. This is the entire 348
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acres. This portion of it here was where we proposed. I mean, it's not
an exact. It's just -- it's impacted. It doesn't have as much native
vegetation on it. Obviously it's far enough away from the
development that it would make an appropriate location.
COMMISSIONER FIALA: Isn't that already cleared land that
has been --
MR. MULHERE: Yes, it is cleared.
COMMISSIONER FIALA: -- used for agriculture?
MR. MULHERE: It's been farmed, yes.
COMMISSIONER FIALA: Nothing sensitive on there, right?
MR. MULHERE: Correct.
COMMISSIONER FIALA: Okay, okay.
COMMISSIONER HENNING: Except for that EDT. I'm just
kidding.
COMMISSIONER FIALA: Okay. I'd like to make a motion to
approve item 8B, which is the rezone for the Naples Reserve property,
including all of the stipulations from staff and the Planning
Commission, plus the 65- foot building height limitation from
Commissioner Halas and also the pledge to work with our parks and
recreation department and staff and our County Manager to see if we
can't set aside these 25 acres for our remote control flying park.
CHAIRMAN COLETTA: Second. So we have a motion by
Commissioner Fiala and a second by Commissioner Coletta.
Let's go to Commissioner Coyle.
COMMISSIONER COYLE: Since the companion item and this
item are interconnected, can we take a single vote on both of them --
CHAIRMAN COLETTA: No reason why not.
COMMISSIONER COYLE: -- since one is dependent upon the
other?
CHAIRMAN COLETTA: I'm sorry, what's the -- what are you
trying to tell us?
MR. WEIGEL: Two votes.
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COMMISSIONER COYLE: Two votes.
CHAIRMAN COLETTA: Okay, fine. But with the
understanding, we can't -- I mean, it would be absolutely foolish to
approve this and then deny the next one. I can --
COMMISSIONER COYLE: Maybe not.
CHAIRMAN COLETTA: Oh, geez.
COMMISSIONER HALAS: That's a chance somebody's going
to have to take.
CHAIRMAN COLETTA: Okay. Well, we have the direction on
that. Thank you very much, Commissioner Coyle.
And with that --
COMMISSIONER FIALA: It was only on 8B anyway. My
motion said 8B.
CHAIRMAN COLETTA: Okay. That's correct.
Any other discussion?
MR. MUDD: Commissioner, I got a question. I just want to
make sure that I've got this down right, and it has to do with trying to
change the application for this preserve area that's sitting there. I
mean, they did calculations on how much preserve area you had to set
aside based on the development you're going to do on the land, okay,
so that's a known quantity, and therefore you came up with metes and
bounds on a particular piece of property.
See, I'm a little leery of this promise, okay? I'm going to be
honest with you. Because promises come, promises go, and I don't
have anything in writing, okay, and you've lost your stick once you
vote on this.
And so if they made calculations that said, this is how much
preserve area you need and you made an agreement with the Corps of
Engineers, or whomever else you made the agreement with for this
particular property and you were off on the metes and bounds, then I
would suggest that you alter the metes and bounds in your application
to meet the requirement that you need for your preservation property
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in order to mitigate this particular development.
And if you don't do that, okay, then there's no reason that this
applicant -- if I get somebody in the Corps of Engineers that says, no,
they agreed to metes and bounds and I don't care what the calculation
was, we're going to stick with that, then there's no -- there's no
discussion at all. I mean, it's just ended. Boom, it's done.
I mean, you can go to congressmen, you can go to the President
of the United States. It's done. And it's going to take years in order to
try to get that reversed. Believe me, I've been there and I know how
that system works.
So I would suggest that we go in and we modify the application
to basically take that piece of property out there that's disturbed and let
the Corps of Engineers tell us why not, based on calculations for
preserve acreage that needs to be set aside. And I believe if you do
that, then you'll get what you want, ma'am.
COMMISSIONER FIALA: I think you're right.
MR. MUDD: And then you tell them in this agreement that that
land that's bounded by the metes and bounds that's exclusive of the
preserve area, that that's basically turned over to Collier County as an
air park or whatever was described --
COMMISSIONER FIALA: That's why you're our County
Manager. You're good.
MR. MUDD: If you do anything--
COMMISSIONER FIALA: I'd like to include this caveat in my
motion.
MR. YOV ANOVICH: If I heard correctly --
COMMISSIONER FIALA: Yes.
MR. YOV ANOVICH: -- he's asking us to go in and modify our
permit application. And in doing that, that creates nothing but havoc
for us and long delays, and I don't think that's fair. I don't think it was
ever the intent to put the applicant through a financial hardship to
make this happen.
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We're hoping, frankly, that somebody could talk sense -- which I
know maybe I'm hoping against hope -- with the Corps and say, listen,
you guys knew we were talking about approximately 325 acres of our
preservation requirement, and we thought that's what that land was.
And then when you actually measured it out, it turned out to be 345
acres.
Ifwe can -- someone can talk sense and say, it's a simple thing to
modify that legal description, we're all for it. We'll give it to the
county. It's a free donation. We'll do what it takes. But to ask us to
go in and modify our permit application, you're kind of putting us
back to a very early or not even -- maybe square one, stage one.
CHAIRMAN COLETTA: Mr. Yovanovich, I understand where
you're coming from. I also understand what Commissioner Fiala is
trying to achieve, and I understand that, you know, this could delay
forever. It puts you on -- how about if we can find some middle
grounds to do this? What we're looking for, the end result is, we're
looking for a place for an air park. What's the value of an air park if
we can't succeed in placing it there? Is there a possibility that we
might be able to receive funds to be able to go towards an air park?
I'm just trying to find a medium ground at this point in time, Mr.
Y ovanovich.
MR. YOV ANOVICH: Commissioner, I don't think that was ever
the intent of the club or Commissioner Fiala when we started this. We
thought, in good faith, we had some extra acreage that we would be --
gladly give, and if now all of a sudden because we -- you know, the
expression, no good deed goes unpunished.
Weare now -- all of a sudden we're not getting a financial
commitment to go buy 10 acres or whatever it is. I don't think that
was ever the intent. I don't think that's really what the radio club
wanted from us or was ever really the negotiations or the discussions.
We thought we had 20 acres that common sense said, hey, it's cleared.
It's yours if you can have it.
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November 13,2007
CHAIRMAN COLETTA: But we're talking about the federal
government. Federal government, common sense, don't go together.
Mr. Mudd can attest to that, and he already has. I didn't mean that as
an insult to your career.
MR. MUDD: No. Commissioner, the question is, have you had
the conversation with the Corps of Engineers to try to extract that 20
acres out of your of particular commitment, your previous
commitment?
MR. YOV ANOVICH: We have tried to get it out and we're
asking -- and they've given us a bureaucratic answer, and we're hoping
somebody a little bit more familiar with the process can change that
answer for us, and that's -- we've been up front with that. We've tried.
We need help. And if it can't be done -- we've committed to trying
hard. But if it can't be done, I don't think it was ever the intent to
force us to go buy 10 acres somewhere else for this radio airplane --
CHAIRMAN COLETTA: Here's the problem. There's a whole
bunch at stake at this moment in time trying to get past this one little
obstacle. I understand where you're coming from, but I also
understand where Commissioner Fiala's coming from. Do you want to
talk it over just a few months with your people and see if maybe you
can come up with something creative to give Commissioner Fiala that
level of comfort she needs to be able to go forward?
MR. YOV ANOVICH: Is that -- can we take a recess?
CHAIRMAN COLETTA: Yes. Take a 10-minute break. You
all right, Mr. Norman?
MR. NORMAN: I am.
CHAIRMAN COLETTA: Okay. Ten-minute break.
(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 COLETTA: Thank you.
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November 13,2007
Mr. Y ovanovich, where we left off.
MR. YOV ANOVICH: I think -- we have met with the County
Manager and Joe Schmitt. We believe that we can -- if it can be done
successfully, we believe that there is a possibility of doing it
administratively without us having to open up the permit. Staff has
agreed that they'll work -- I think the word was relentlessly --
COMMISSIONER FIALA: Yes.
MR. YOV ANOVICH: -- with us --
COMMISSIONER COYLE: Boy, that will be a first.
MR. YOV ANOVICH: -- to try to make that happen, so--
COMMISSIONER FIALA: That doesn't help anything,
Commissioner Coyle.
MR. YOV ANOVICH: So anyway, I think we all have an
understanding that it -- the change has got to be able to be done
administratively, that we won't be required to have to open up our
whole permit and start all over again. But staff believes that ifit can
be done administratively, they believe they have the right people to
talk to to try to make this happen. And with that, that would be
something we would agree to do as --
COMMISSIONER FIALA: Part of this?
MR. YOV ANOVICH: -- committed to on the record.
CHAIRMAN COLETTA: Okay.
MR. YOV ANOVICH: I think we have an understanding as to
what all that means.
CHAIRMAN COLETTA: Margie?
MS. STUDENT-STIRLING: Thank you. Marjorie
Student-Stirling, Assistant County Attorney.
Just for the record, I'm going to clarify that Mr. Y ovanovich has
said putting it on the record, he's indicated that since this land is not
part of the PUD, they don't want to put an off-site mitigation
stipulation in the PUD, but they would just make it on the record.
And I want the board to understand that when he says this is for the
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record, that's what he means, so you don't think that it's in the PUD.
That's all.
And I do have some language for the whole stipulation that's on
the record, if you will, to read, too, if you'd like.
COMMISSIONER FIALA: Isn't it better to be in the PUD then?
MS. STUDENT-STIRLING: I personally think it -- staffmay
wish to weigh in. In my opinion it could go as an off-site mitigation
type thing, because the land isn't in the PUD, but it is sort of in
mitigation for the impacts of this PUD, you know, to our parks and
rec. facilities. But I -- staff may wish to weigh in.
CHAIRMAN COLETTA: Okay. Mr. Mudd, did you want to
add anything to that?
MR. MUDD: No, sir.
CHAIRMAN COLETTA: Okay. Thank you. I appreciate that
conCIse answer.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Let me just raise one issue
for consideration related to that, and it's the result of a conversation
that I had with Jeff Klatzkow and David Weigel.
The second step of that is, is it possible in our approval here
today to designate that parcel as a county park as part of your PUD
approval? And the argument is, there was a scrivener's error in the
metes and bounds description. You're going to revise it
administratively to correspond with the total amount of acreage that
you're obligated to provide for mitigation, and as part of your PUD,
that particular parcel has already been designated by the Board of
County Commissioners as a park.
MR. YOV ANOVICH: The downside to that is, what if the
Corps says that we intended for you to give us that 20 acres, plus or
minus, as part of the mitigation of your Corps permit and now we can't
do that because it's a county park, I've got to open up my entire Corps
permit and go through the process again because I can no longer fulfill
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the commitment the Corps believes we made to include that 20 acres.
And that's -- you know, that's not -- I don't think that was anybody's
intent to put us in a position to where we were going to start our Corps
permitting over again as part of this. I mean, that would be my
concern if we did go further and do that.
COMMISSIONER COYLE: I just thought that would have
strengthened your hand about getting it changed.
MR. YOV ANOVICH: But it may also tie my hands --
COMMISSIONER COYLE: Okay.
MR. YOV ANOVICH: -- to put me in a worse position, and I
don't think that's a good thing.
MR. WEIGEL: Mr. Chairman, may I? I'd like to comment
further on Mr. Coyle's comment and Mr. Y ovanovich, and that is, it
would seem to me, everyone, if the board were to give this indication
of its desire for that 20 or so -- approximate 20 acres of parcel with a
park purpose, that it's on our record here and it's there if you need it.
Now, there's going to be relentless negotiation, discussion, with
whatever levels there are of the Corps from our people here. But to
the extent that that's there, you're probably better armed to have it in
your quiver as opposed to, as apparently Mr. Y ovanovich indicates,
coming out front with that right away.
But I think it may be an important aspect, the fact that this 20
acres or so does have a special place in regard to the county, and it's
still a -- you know, a relatively undeveloped place, and it's for
conservation and/or park purposes. And so from that standpoint, Mr.
Y ovanovich may wish to comment further, but it's not a bad thing that
the board expresses that indication. It's not saying that it's -- go ahead.
MR. YOV ANOVICH: David, I understand what you're saying.
I -- certainly we would expect that someone from the county would
say, this is something the commissioners really want to see happen,
and I think by a -- by the motion, you're making it very clear that you
want this park facility to be available to the residents of Collier
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County. If you want to write a letter to that effect to the Corps, if you
think it will be helpful, you know, we would welcome that.
You know, I'm really going to -- we're going to place ourselves in
the hands ofMr. Mudd and Mr. Schmitt as to, you know, how do we
get this done, and we'll give the resources to make it happen, but as far
as the connections to make it happen, we're really going to be relying
on those two gentlemen.
MR. WEIGEL: Well, Mr. Coyle has offered up the opportunity
for the board to make a record, because otherwise it's just discussion at
this point, if it's not included in some part of the motion or on the
record by the board.
MR. YOV ANOVICH: I would like that motion to occur after the
PUD's adopted so it's not -- somehow it becomes a condition of the
PUD that this occur. But whatever formal step you think is appropriate
for the commission to take to let the Corps know you really want it,
I'm okay with that.
CHAIRMAN COLETTA: Mr. Mudd?
MR. MUDD: Commissioner, I'm -- and David's hitting on
something, Commissioner Coyle's hitting on something, too. Let's say
I -- let me take you down this road, okay? Let's say Mr. Schmitt and I
are successful and the Corps of Engineers relents to go with 325 acres
and they let us adjust the metes and bounds, okay.
This meeting's over, you approve the PUD. How you going to
get the 20 acres? What legal document do you have now to get the 20
acres?
COMMISSIONER HALAS: You don't.
MR. MUDD: Okay, you don't. Okay. We've been successful,
the 20 acres is up. You don't have anything that says it's your park.
So somehow you have to condition this approve -- Marjorie, maybe
you've got something on the --
MS. STUDENT -STIRLING: I've written some language. And I
have to change it a little bit, so just bear with me.
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County and the developer will use their best efforts to recognize
the current mitigation acreage in the ACOA permit to remove
approximately 20 acres of property. This area will be conveyed to
Collier County in fee simple for use as a model airline
boat/automobile park. The conveyance shall be made within blank
days of the satisfactory resolution of the ACOA permit issue.
The county and whoever -- the name of the model club -- shall
enter into an agreement in which the club shall be responsible for
preparing the site for use as a model park and for maintaining said
model park.
And then further there could be language that would say that this
area shall be designated as a county park subject to the approval of the
Corps of Engineers of the revised permit.
COMMISSIONER FIALA: Mr. Chairman?
CHAIRMAN COLETTA: I see your light on, Commissioner
Coyle, but let me go to Commissioner Fiala. She's the motion maker.
COMMISSIONER FIALA: Okay. Would you add in there--
where you talked about planes and boats, you didn't say remote
controlled. Should that be also a part of that?
MS. STUDENT -STIRLING: I guess it could be. That was
designated as a model park, meaning model airplanes, but --
COMMISSIONER FIALA: RC is remote control -- Margie, the
RC is the remote control, model park?
MS. STUDENT-STIRLING: Uh-huh.
COMMISSIONER FIALA: Okay. And I'd like to put that in my
motion, but I'll listen to Commissioner Coyle first.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: Without getting into this too
deeply, I would strongly suggest that we not describe the nature of the
park, that it be a designated Collier County park, okay.
Now, that's not for the purpose of being vague for the people who
are here, but I don't want people to start conjuring up reasons to
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November 13,2007
disapprove it. And so -- that is other people, like the Corps of
Engineers. I think it would be far safer if you just said, Collier County
wants this for a public park, end of story.
COMMISSIONER HALAS: Yep, yep.
CHAIRMAN COLETTA: Less information, the better.
COMMISSIONER COYLE: That's right.
COMMISSIONER FIALA: Okay. Then--
CHAIRMAN COLETTA: We're coming right back to you.
Commissioner Fiala?
COMMISSIONER FIALA: So then I'd like to add the revised
language to the PUD document so that then it becomes a part of this
whole proceeding; is that correct, Margie?
MS. STUDENT -STIRLING: Yes. Under off-site mitigation. I
would like a point of clarification.
Commissioner Coyle, would we say 20 plus or minus acres or
nothing?
COMMISSIONER COYLE: Twenty, more or less or something
like that. I think you might have a variation of three or four or five
acres either way, but the petitioner's going to have to answer that
question.
MR. YOV ANOVICH: Here's what I've tried to put up on the
visualizer. This is the mitigation parcel. What we anticipate doing is
basically conveying this portion, trying to pull that out of the permit.
We would convey it to the county. Model airplanes would fly up
around this area to keep them away from our development.
We would strip the TDRs off of that land for use as part of our
project, because we were planning on doing that. Whatever that area
turns out to be, you'll have more -- they don't need more than really 10
acres to do what they need to do. It's the flight plan. They need to be
able to take off and land.
That area will be more than sufficient for them to do it. So I just
want to talk in general terms. That's the area we're talking about doing
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it. That would be the flight pattern. We get -- take -- we get the TDRs
off that land, convey it to the county free and clear of any mortgages,
obviously, but with the understanding that we get the TDRs.
And I hope that addresses Margie's concerns about there being a
record to make that happen. If it needs to be a stipulation in the PUD,
as long as it's understood that we're not going to open up the Corps
permit to make this happen, that's fine with us.
MS. STUDENT-STIRLING: Well, was the language that I read
about the use of the best efforts to recognize the correct mitigation
acreage; does that --
MR. YOV ANOVICH: That's fine.
MS. STUDENT -STIRLING: -- get you where you need to go?
MR. YOV ANOVICH: Yes. And I just that -- I think that this
map helps, and maybe we can attach it, you know, with a line that
says, this is the area we're going to try to accomplish our efforts to
occur m.
MS. STUDENT -STIRLING: And then point of clarification
again. Rather than describing it as a model park, we would just say,
pursuant to Commissioner Coyle, as a county park; is that correct?
COMMISSIONER COYLE: That would be my
recommendation.
MS. STUDENT-STIRLING: Okay. Fine. Thank you very
much.
COMMISSIONER FIALA: Okay.
CHAIRMAN COLETTA: And with that, I -- my second is
amended to agree with your first.
COMMISSIONER FIALA: Okay.
CHAIRMAN COLETTA: Any other discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor of the
motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
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November 13, 2007
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 5-0.
Now, second part.
MR. MUDD: 10C, it's the DCA.
Item # lOC
A DEVELOPER'S CONTRIBUTION AGREEMENT (DCA)
BETWEEN NAPLES RESERVE, LLC, KITE EAGLE CREEK II,
LLC, KRG EAGLE CREEK IV, LLC, KRG 951 & 41, LLC,
TOUSA HOMES, INC., NAPLES GOLF DEVELOPMENT, LLC,
ABC LIQUORS, INC., NAPLES SOUTH, LLC, NBC RV, LLC,
NBC LAND HOLDINGS, LLC, NAPLES BIG CYPRESS
MARKET PLACE LIMITED PARTNERSHIP, LLLP, SOUTHERN
DEVELOPMENT COMPANY, INC., REAL TYNET REAL
ESTATE, LLC, HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC., AND MCKK PROPERTY ACQUISITIONS, LLC
(THE DEVELOPERS) AND COLLIER COUNTY TO
CONSTRUCT IMPROVEMENTS TO THE INTERSECTION OF
US41 WITH SR-CR951 AND TO CONSTRUCT A FOUR LANE
ROAD FROM THIS INTERSECTION CONTINUING EAST ON
US41 FOR APPROXIMATELY TWO MILES - APPROVED
W/CHANGES
CHAIRMAN COLETTA: Do we really need to have a full
presentation?
COMMISSIONER COYLE: No. Motion to approve.
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COMMISSIONER HALAS: Second.
CHAIRMAN COLETTA: Okay. We have a motion to approve
by Commissioner Halas (sic), second by Commissioner Coyle (sic).
Any discussion?
(N 0 response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMANCOLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have, 5-0.
COMMISSIONER COYLE: By the way, that included the
change that Nick read into the record.
MR. MUDD: The modification to paragraph number 9.
COMMISSIONER COYLE: 9, that's right.
CHAIRMAN COLETTA: And the second agreed.
COMMISSIONER HALAS: Yep.
CHAIRMAN COLETTA: We all understood it.
Great. Let's -- we're running out of time. We've got one hour left
before Commissioner Halas has to leave, possibly -- he has to leave at
four.
MR. MUDD: Yes, sir.
CHAIRMAN COLETTA: And so if we can get through this next
item, great, if we can't, the petitioner may want to continue it. So let's
try to really apply ourselves and keep focused on it so we can get
through it.
Item #8C
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ORDINANCE 2007-72: PUDA-2006-AR-I0333, STOCK
DEVELOPMENT LLC, REPRESENTED BY RICHARD
YOV ANOVICH OF GOODLETTE, COLEMAN AND JOHNSON,
P.A., IS REQUESTING AN AMENDMENT TO THE LELY
RESORT COMMUNITY PUD TO AFFECT PHASE 1 TRACT 4
ONL y. THE AMENDMENT PROPOSES A STRIKE THRU AND
UNDERLINE OF THE EXISTING PUD DOCUMENT TO (1)
AMEND SECTION 2.07: PERMITTED VARIATIONS OF
DWELLING UNITS - TO EXCEED A VARIATION OF 20
PERCENT OF UNIT TYPES, AND (2) AMEND SECTION 5.02:
PERMITTED USES AND STRUCTURES, TO ADD UP TO 175
RESIDENTIAL DWELLING UNITS, C-2 AND C-3 USES, IN
ORDER TO (3) PROVIDE FOR A MIXED-USE PROJECT. THE
SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION
OF TRIANGLE BOULEVARD AND T AMIAMI TRAIL (US 41),
IN SECTION 34, TOWNSHIP 50, RANGE 26, NAPLES, COLLIER
COUNTY, FLORIDA - ADOPTED W /STIPULA TIONS
MR. MUDD: Next item is 8C. This item requires --ladies and
gentlemen, if you could just keep it down, please.
8C; this item requires that all participants be sworn in and ex
parte disclosure be provided by commission members. It's
PUD-A-2006-AR-I0333, Stock Development, LLC, represented by
Richard D. Yovanovich of Goodlette, Coleman, and Johnson, P.A., is
requesting an amendment to the Lely, A Resort Community PUD to
affect phase one, tract four only.
The amendment proposes a strikethrough and underline of the
existing PUD document to, number one, amend section 2.07 permitted
variance -- variations of dwelling units to exceed a variation of 20
percent of unit types and, two, amend section 5.02, permitted uses and
structures, to add up to 175 residential dwelling units, C-2 and C-3
uses in order to, three, provide for a mixed-use project.
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November 13,2007
The subject property is located at the intersection of Triangle
Boulevard and Tamiami Trail, U.S. 41, in Section 34, Township 50,
Range 26, Naples, Collier County, Florida.
CHAIRMAN COLETTA: Okay. Now, all those people wishing
to participate in this agenda item, please stand at this time to be sworn
in by the court reporter.
(The speakers were duly sworn.)
CHAIRMAN COLETTA: Okay. Any disclosures on the part of
the commissioners, starting with Commissioner Coyle?
COMMISSIONER COYLE: I have talked with the petitioner
and the petitioner's agent on this one, and I have some
correspondence, and that's it.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: That was me.
CHAIRMAN COLETTA: Halas, excuse me.
COMMISSIONER HALAS: I have no disclosures on this
particular item, which is 8C.
CHAIRMAN COLETTA: And I had meetings with the
petitioner and his agent and talked to county staff about it.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have spoken with the
petitioner, I attended their neighborhood information meeting, I've
spoken with his agent, I've spoken with staff and -- let's see. So I've
had meetings, correspondence, emails, and calls. I've spoken with
some people in the Lely Resort area. I've communicated with them. I
think that's everything.
CHAIRMAN COLETTA: Okay. Mr. Yovanovich, please
proceed.
MR. YOV ANOVICH: Good afternoon. For the record, Rich
Y ovanovich on behalf of the petitioner.
Also with me to answer any questions is Brian Stock of Stock
Development and various representatives of WilsonMiller, Susan
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November 13, 2007
Golden and Jeff Perry, to answer any questions you may have.
The requested change is an amendment to the existing Lely
Resort PUD document. We're trying to accomplish three things. The
first thing we're trying to accomplish -- thank you -- is to redesignate,
if you will, the uses that can go on this C-2 parcel, which is
approximately on 10 acres within the existing Lely Resort PUD. C-2
in the Lely Resort PUD is really similar to your C-l in regular zoning,
which is an office type of use.
We have the ability to do offices and restaurants but we don't
have any ability to do retail on that site right now, nor do we have the
ability to do residential units on that site right now.
So what we're asking to be able to do is to do a mixed-use project
consisting of restaurants, retail, and residential units on that particular
project -- on that particular piece of the project.
We'd be limited to, I believe, it was 175 residential units. No
more than a 100,000 square feet of retail and offices and restaurants.
And we committed at the Planning Commission that there would
be no big boxes. We committed to that at our neighborhood
information meeting. And we've defined big boxes to say no retail
user can be greater than 20,000 square feet other than a food store.
The second desired change is to, as part of -- when Stock entered
into its agreement to purchase the remainder of Lely Resort from Lely
Development, we entered into a developer agreement with the county
to address sidewalk issues, road issues, and other issues related to the
project. I think I've got to go a little bit further out.
As part of that development, we realigned Grand Lely Drive and
moved it further to the east. The road used to come up here, and there
was commercial on both sides of the road. We were asked to move it
further east, which -- to create basically a four-acre parcel that was
useless that we conveyed to the county as part of its water
management for the construction of Rattlesnake Hammock.
It was agreed that we would take the commercial area that was on
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the east side of this road and now was useless and move it over here to
the west side of the road. So we're amending the master plan to allow
commercial on that particular property.
And finally, the last thing we're doing is adding a conversion
formula to the PUD document. The PUD allowed for X number of
multifamily units and Y number of single- family units. It allowed for
that number to vary by a 20 percent number. Unfor -- well, I guess,
fortunately, there's been a greater demand for single-family units than
was originally anticipated.
So we're asking you to add a conversion formula that would be
for each single-family unit we wanted to construct over that 20 percent
allowed variation, we would have to give up 1.67 units of multifamily.
So the net effect of all of these changes is, we're not asking for
any increase in the retail square footage. That's already been approved
in the PUD document. We're not asking for any more residential units
than what's already approved in the PUD document. We're just asking
to be able to relocate some of those residential units up to that one
commercial piece, and we're asking to allow us to use some of the
retail that's in the C-3 category on this piece as well, but we're not
asking for any increase in retail and we're not asking for any increase
in residential to accomplish this. It's just a reallocation within the
boundaries of the PUD document.
We had unanimous recommendation of approval from the
Planning Commission.
With that, I think that describes everything we're trying to do. If
you have any specific questions about the project, we're happy to
answer those questions.
Generally I would say the neighborhood information meeting
went well. I know there are some people who are objecting to this,
but you never get 100 percent in a project of this size, and we think it
will be a good project for the community. We'll bring in retail and
restaurant uses that are needed in the area to serve not only our
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residents, but that portion of Naples.
And with that, I'll answer any questions you may have.
CHAIRMAN COLETTA: Commissioner Halas, then
Commissioner Fiala.
COMMISSIONER HALAS: I have some concerns in regards to
restaurants and open-air late-night entertainment. I would hope that
there's something in here in regards to this issue that we can either
stop this open-air entertainment at sunset or no later than 10 p.m.,
because I think we have water in the background there, and that carry
-- the sound carries across the water.
So that's one of my main concerns of having restaurants. I think
open-air dining is great, but I -- when you get involved where you
have entertainment outside, then we run into a real problem.
MR. YOV ANOVICH: And we don't have an objection to
imposing a requirement that there can't be any entertain past 10 p.m.
That's fine.
COMMISSIONER HALAS: Ten p.m. or sunset, depending
upon what the feeling of this commission is.
MR. YOV ANOVICH: Well, we would prefer the 10 p.m.
COMMISSIONER FIALA: Sure.
MR. YOV ANOVICH: Actually, we think that's going to be a
nice ambience for the --
COMMISSIONER HALAS: It is, but till two o'clock in the
morning is not a nice ambience.
MR. YOV ANOVICH: I understand that. I understand that.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yes, so many things. But the way I
understand it, this is just going to be mainly boutiques, restaurants, ice
cream shops, things like that, right?
MR. YOV ANOVICH: Book store.
COMMISSIONER FIALA: Book store, yep. No big boxes.
MR. YOV ANOVICH: No big boxes.
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COMMISSIONER FIALA: Okay. Now, I want to make sure
that someplace in there -- I'm going the same place Commissioner
Halas is. We've just gotten stung recently for those of you who
haven't been around.
I just want to make sure that any outdoor restaurants do not have
outdoor TV, don't have outdoor amplified music, being that they're
right over the water. I want to make sure that when we create this
beautiful place, it doesn't then upset the rest of the community. So I
wanted to put that on the record.
The closing times would be compatible to neighborhood living, is
what I wrote down. So it sounds like you and I are going the same
place.
Also further on down -- one of the things that we've heard from a
few people that -- we had five letters of objection. Most of them were
worried about adding extra density, but obviously they didn't realize
there was no extra density here. They were worried about traffic.
But one ofthe things I noted in -- myself was, if you relocate 175
units from inside the development and put them out here at the
entryway, that's 175 units of traffic that isn't going to be traveling
through the community but now will be located by the entry/exit and a
light. So I would think it would be less impact on the road, not more.
I think, if it were me, I would like to see this happen.
Also, you noted in this --in the executive summary here on the
first page, you talked about -- about how many units you have, and
you've mentioned that throughout the whole thing, the fact that you
have 10,000 or so many units, right, but didn't you -- didn't you sell a
thousand of those units when you sold Lely Lakes to Traviso Bay?
MR. YOV ANOVICH: We didn't. Stock didn't. Lely, our
predecessor, I believe, committed to giving up a thousand units, which
would bring our number down to 9,150.
COMMISSIONER FIALA: I remember that very clearly. So
then actually you don't have 10,000 units? Staff has been using that
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figure, the 10,000 units, but you don't have that?
MR. YOV ANOVICH: We don't have that, and I believe our
developer agreement reflected that as well, that we had given up that
thousand units.
COMMISSIONER FIALA: Thousand units. So that's really not
that anymore. And I thought maybe staff would need to know that so
that they could correct -- whenever they speak of Lely Resort, they
correct that to the proper number of units that are now on the books,
being that some are not there any longer.
MR. YOV ANOVICH: Sure.
COMMISSIONER FIALA: Okay, fine. Which, again, I think
would make the residents feel a little more comfortable knowing that
those thousand are not going to be built there.
Okay, thank you.
CHAIRMAN COLETTA: And let me just go on top of what
Commissioner Fiala said, just so I understand. Does this retire the
so-call ghost units that are out there, the over-and-above units that
we're never going to use?
MR. YOV ANOVICH: It retires a thousand from this project.
CHAIRMAN COLETTA: How many more are left that you can
build?
MR. YOV ANOVICH: Well, we could get to 8,1 -- I mean,
9,150. I almost made a math error there. We can get to 9,150.
CHAIRMAN COLETTA: On page 3, part of the Planning
Commission's recommendations, it was -- why are they suggesting to
limit the size of anyone tenant to 20,000 square feet except for
grocery stores? Is that to avoid big boxes?
MR. YOV ANOVICH: Yes, sir. We had struggled with, how do
you define it, so we had put a square footage in there. We thought that
would work.
CHAIRMAN COLETTA: And I think it covered it, but I just
want to make sure. The five letters that you got of objection were
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concerned about density that already you're permitted for?
MR. YOV ANOVICH: Correct.
CHAIRMAN COLETTA: You're just transferring it from one
end to the other?
MR. YOV ANOVICH: Yes, sir.
CHAIRMAN COLETTA: Yeah. Just a curiosity, before we go
to you, Commissioner Henning, how many speakers do you have?
MS. FILSON: One.
CHAIRMAN COLETTA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, thank you.
CHAIRMAN COLETTA: You're welcome.
COMMISSIONER HENNING: Mr. Y ovanovich, in your
development standards in your main PUD -- by the way, we don't
have the whole PUD; is that correct?
MR. YOV ANOVICH: I think you do in your backup to the
executive summary.
COMMISSIONER HENNING: I think the PUD is like 120
pages. How many do you have?
MR. YOV ANOVICH: Well, what I have is -- I order your
agenda book, so I hope I have everything that you have. I have --
starting at page 29 of 110 is where the existing PUD ordinance is, and
it goes all the way to, I believe, 103 of 110, but we are -- you're right,
we are just doing a strikethrough and underline to the specific
provisions within ordinance number 92-15 that we're changing.
COMMISSIONER HENNING: What is your understanding or
what have you been told by our staff when you do a PUD
amendment? Does that mean that the whole PUD needs to come up to
the standards of the new land code?
MR. YOV ANOVICH: Not when you're doing -- it's one of those
things that depends on how many changes you're making before you
trip into no longer being able to do a PUD amendment, which is the
strikethrough and underline to the very specific provisions.
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We fell within the guidelines to just do a strikethrough and
underline because the changes were minimal to the PUD document
itself.
COMMISSIONER HENNING: What about the development
standards for this now mixed-use, which really wasn't in the -- in this
DRI?
MR. YOV ANOVICH: Well, the development standards are the
same as the development standards that exist today as far as building
height goes, building separation goes. All of those development
standards would stay the same.
COMMISSIONER HENNING: Well, in the C-5language in the
ordinance, it says, abutting residential areas, 35 foot in which
approximately (sic) design and landscape buffers shall be provided.
Since this is a mixed use, when you go in for your SDP or your DO,
what's going to happen -- how are you going to make that separation
what there's a multi -- when this is multifamily? It is section 6 of the
existing PUD.
MR. YOV ANOVICH: Well, we're amending section 5.
COMMISSIONER HENNING: I know. But you're also --
you're also saying that you're putting in some of the C-3 uses.
MR. YOV ANOVICH: Correct.
COMMISSIONER HENNING: Well, that is -- the table that I
was referring to is the C-3 uses.
MR. YOV ANOVICH: Okay.
COMMISSIONER HENNING: It starts at 6.01.
MR. YOV ANOVICH: Okay.
COMMISSIONER HENNING: And on the -- you go to 6.03, it
says, development standards. You turn the page, and then it says,
three, abutting residential areas, 35 foot in which they're appropriately
designed, and landscape buffer shall be provided as determined under
section 2.14.
MR. YOV ANOVICH: That's from the parcel boundary,
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Commissioner. So when you're talking about -- the C-3 parcels are up
here, right here and right here and right here. And then you'll notice
that there are -- there are -- parcel boundary right around here and
here. What that 35 feet is saying is that from this parcel boundary
that's adjacent to residential, we have to have a 35-foot landscape
buffer on our site. Not internal. Internal uses don't have to have those
buffers. It's, internal parcel has to have the buffer.
COMMISSIONER HENNING: Where does it -- can you point
me out in the PUD where you have a mixed use where it says internal?
I mean, I'm just saying that this could be a conflict when you go into
the site plan.
MR. YOV ANOVICH: Well, we're going in under the C-2
category, and we don't have mixed use. That's why we're making this
change is to allow mixed use.
COMMISSIONER HENNING: Right.
MR. YOV ANOVICH: We're still going to have to meet
whatever the development standards are in section five regarding
external buffers to that C-4 parcel. We would have had to meet those
whether it was a retail use or a restaurant use anyway. So we're still
going to have those external landscape requirements.
COMMISSIONER HENNING: For the external residential.
MR. YOV ANOVICH: Right.
COMMISSIONER HENNING: But this is mixed use. I just
want to make sure that we have a clarification. That's all.
COMMISSIONER HENNING: And it has to be a staffs
clarification, I think, more so than ever.
MR. YOV ANOVICH: Okay.
COMMISSIONER HENNING: What -- this didn't require a
transportation impact statement?
MR. YOV ANOVICH: We -- no. We are --
COMMISSIONER HENNING: Why?
MR. YOV ANOVICH: Well, because we're not changing any of
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the densities that are already being approved. What we will do, at the
time we come in for a Site Development Plan, we will have to do a
site-specific TIS to address the uses that we're planning and any
transportation improvements that may be related to that. But as far as
an analysis of the PUD, none was required because we stayed within
the --
COMMISSIONER HENNING: Okay. So you'll do it at site
specific --
MR. YOV ANOVICH: Yes.
COMMISSIONER HENNING: -- and it may trigger that you
might -- you might have to change your use?
MR. YOV ANOVICH: We may not be able -- yes. We may not
-- it will talk about our turn lane configurations onto the site, any
improvements we may need to make for 41.
COMMISSIONER HENNING: Just like you do when you do
your parking calculations for a specific --
MR. YOV ANOVICH: Correct, yes.
COMMISSIONER HENNING: -- use, is you'll have to do the
same thing with the TIS and you might not meet it?
MR. YOV ANOVICH: We may have -- we may have to do
certain improvements to the entrances to accommodate those uses,
yes.
COMMISSIONER HENNING: Do you have fast food in these
uses? I think I did see that.
MR. YOV ANOVICH: I believe so.
COMMISSIONER HENNING: Do you think that's comparable
and comparable (sic) to a mixed use?
MR. YOV ANOVICH: You know, the Planning Commission had
a long discussion about that. They said, as long as it was internal to
the parcel and it was not a -- you know, basically a stand-alone fast
food like -- is it McDonald's in this one or Burger King? They're both.
COMMISSIONER FIALA: McDonald's.
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MR. YOV ANOVICH: There's a McDonald's, I believe, there.
They said, we don't want that, but we don't care if there's an internal to
the mixed-use project, Wendy's. They're fine with that. We had a long
discussion in front of the Planning Commission, and they seem
comfortable with that.
COMMISSIONER HENNING: Well, they're, I think, very
thorough on that.
Now, I share the same concerns that my colleagues did about
incompatible uses. And you have things within the PUD that state,
you know, accessory uses. I think that's how we got the
restaurantlbar, Stevie Tomato's, outside drinking area was -- it was an
accessory use to the restaurant.
But you also have in here anything comparable and compatible
within the -- your district, C-2 and C-3, that staff finds deemed
comparable and compatible. And I just have some discomfort on that.
Let me throw this one out and see if it sticks. Non-compatible
uses, it's recognized that -- are uses in accessory uses which become,
of their very nature, having character -- characteristics do not meet the
compatibility criteria of this ordinance and, thus, advertise -- adversely
impact the adjacent areas. Special regulations of these uses are
necessary to ensure that these adverse impacts will not be contributed
to like downgrade or surrounding neighborhoods.
Would something like giving the County Manager or his
designee, within 15 days of your submittal of your site plan, give them
the discretion to look at those type uses?
MR. YOV ANOVICH: How long is Mr. Mudd going to be the
County Manager? I don't mean to be --
COMMISSIONER FIALA: Ten years. He told us he's staying
here 10 years.
COMMISSIONER HENNING: Let me -- let me --
MR. YOV ANOVICH: I don't mean that to be facetious but you
run into a situation where, you know, we have a list of uses that was
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discussed whether they were appropriate to be on this parcel of
property, and the Planning Commission -- and I know they made a
recommendation, but we did talk about all those uses, and they felt
that all of those uses were appropriate on this site.
And now you're saying, well, we're going to give the County
Manager veto authority over what was approved in the PUD to say,
you know, even though it was adopted as part of the PUD, that's no
longer appropriate to go on that site --
COMMISSIONER HENNING: Well, what I'm--
MR. YOV ANOVICH: -- without any real measurable standard
to determine that.
COMMISSIONER HENNING: Let me just say, is, keep the
same uses in there.
MR. YOV ANOVICH: Right.
COMMISSIONER HENNING: Okay? Because I think they're
very specific. But I'm saying, the accessory uses, it seems like that's
what we get in trouble with. And let them make that compatibility,
and it also says in here -- I'm trying to find it. Pardon me.
COMMISSIONER FIALA: That's all right. Take your time.
COMMISSIONER HENNING: Any other commercial uses or
professional service which is comparable in nature with the following
uses within the development, service director determines that is
compatible in the district.
How you doing? I'm not done yet.
We had -- there's several instances in Collier County where it is
comparable but it's not compatible, and I want this to be a good mixed
project.
MR. YOV ANOVICH: And we do as well.
COMMISSIONER HENNING: Yeah, I know you do.
MR. YOV ANOVICH: I think we've committed -- and we've
done this in other PUDs where we'll have no outdoor televisions.
That's something we could very easily commit to. I think we could
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probably go as far as to say, if we have outdoor seats, you've got to
also -- it's got to be part of the restaurant. You know, you've got to
order food. You just can't go outside and just use that as a bar. It's got
to be part of the outdoor dining. It can't be an outdoor bar.
So I mean, I think we're comfortable with those types of
restrictions, and hopefully that will address the concern. Because I
don't want to be in a situation where all of a sudden we're saying, does
the County Manager -- and I know Mr. Mudd would never do this, but
some subsequent County Manager say, you know, we don't think you
should have another restaurant out there. I just don't believe it's
necessary. I'm the County Manager. Under this provision, I say no.
No more restaurants.
COMMISSIONER HENNING: well, how about -- how about,
instead of 11 that you have in the C-2 district, where it says, any other
compatible uses or professional service may be comparable in nature
with the foregoing determination, and compatibility is in this district
by -- the planning director may determine to be compatible in this
district, just say that -- just add in there, non-compatible uses, it is
recognized that there are uses and accessory uses which become, in
their very nature of -- if characteristics do not meet the comparability
criteria?
Because see, really, number 11 is giving our legislative authority
away. It's giving the board's legislative authority away and letting the
planning director make those determinations. And by putting in this
language, it is giving the planning director the ability, under criteria,
to make those legislative decisions. You see what I mean?
MR. YOV ANOVICH: I do.
CHAIRMAN COLETTA: Commissioner Henning, let's go to
the County Attorney. They want to share something with us.
MS. STUDENT-STIRLING: For the record, again, Marjorie
Student-Stirling. In the land code and also in the newer PUDs, we
now have that language to address both compatibility and comparable
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in nature with the Board of Zoning Appeals making that
determination, and no longer does it go to staff. And I think that would
get you where you need to go and that would make it like what we
already do now.
COMMISSIONER HENNING: Yeah. What you're just saying
is striking number 11 out of there?
MS. STUDENT-STIRLING: But we would put in the Board of
Zoning Appeals instead of the zoning director, or excuse me,
development services director --
COMMISSIONER HENNING: Correct.
MS. STUDENT-STIRLING: -- and that's what we do in other
PUDs and also in the land code, and we could also add not only
comparable in nature, but add compatible.
COMMISSIONER HENNING: Well, it doesn't address the
accessory uses, and that's where -- the Stevie Tomato's and a parking
lot next to a residential single-family home in Collier County. And I'm
just thinking that it would give it, you know, more flexibility. We
won't have to remove that. That's all.
Anyways, I'm done.
CHAIRMAN COLETTA: Okay. Let's go to Commissioner
Fiala.
COMMISSIONER FIALA: Well, I'd like to make a motion, but
I'd like to include that. I don't know quite how to include that in the
motion, but I'd like to make a motion to approve this request noting
that there will be no outdoor TV s or amplified music, that the times
will be compatible to neighborhood living, that there will be no big
boxes. I know we've said that, but -- and also to include -- I don't
know how to --
COMMISSIONER HENNING: May I put this on the visualizer.
MR. YOV ANOVICH: While he's doing that, Commissioner
Fiala, we -- absolutely, prohibition on the outdoor TVs is not a issue,
but I was hoping that we could have outdoor entertainment until 10
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p.m. because we thought that that would -- actually would be --
COMMISSIONER FIALA: Till 10 p.m.?
MR. YOV ANOVICH: Till 10 p.m. I think that would--
COMMISSIONER FIALA: I can -- I can go along with that, as
long as that's the cut-off time.
MR. YOV ANOVICH: Right.
COMMISSIONER FIALA: As far as amplification goes, it
depends on -- outdoor entertainment is one thing, okay. I'll include
that, then, to 10 p.m.
MR. YOV ANOVICH: Right. But prohibition on the televisions;
yes.
COMMISSIONER FIALA: Okay. And then the non-compatible
uses paragraph here, we would substitute that for number 11; is that
correct, Commissioner Henning?
COMMISSIONER HENNING: Yeah. Number 11 and B,
permitted accessory uses within the structure.
COMMISSIONER FIALA: We can do that, right?
MS. STUDENT-STIRLING: Yes. I'm a little unclear. If on 11
we wanted to do it with my suggestion, and then on B 1 say something
like, accessory uses and structures customarily associated, et cetera,
and that are compatible with other uses within and adjacent to this
subdistrict. Would that get you there?
COMMISSIONER HENNING: No.
MS. STUDENT-STIRLING: Okay.
COMMISSIONER HENNING: We had a -- and I can't
remember what was allowed in the professional overlay, the Golden
Gate professional overlay. But all of a sudden you had a -- I think it
was Sprint, as a use -- I think -- because that's an office district, but
now you have Sprint in there using it as a dispatch for vehicles to
response to a call, but the parking lot is right next to -- behind the
commercial district, right next to a single-family home.
And that was the accessory use to the compatible use. And I just
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think that we can -- instead of coming back to the board, the BZA, is
-- I mean, businesses are going to change, you know, like the Internet
has changed and things like that.
There may be some comparable and compatible uses within these
districts, and I think our staff has the ability to make that
determination, and that's why I wanted that language in there, just to
give that substitute.
MS. STUDENT -STIRLING: The language doesn't appear
though under accessory uses, and that's why I was trying to write
something that the accessory uses, such as the parking lot that you
alluded to, would also have the provision --
COMMISSIONER HENNING: Right.
MS. STUDENT -STIRLING: -- that the accessory be compatible
with --
COMMISSIONER HENNING: Correct.
MS. STUDENT -STIRLING: -- surrounding land uses or other
uses in the district and in that subdistrict in the immediately adjacent
areas.
COMMISSIONER HENNING: Well, here's what it says,
non-compatible uses. It's recognized that there are uses and accessory
uses, which -- because of their nature. You see what I mean? Are you
looking on the visualizer?
MS. STUDENT-STIRLING: Well, I'm looking in my notebook
on 11, paragraph 11.
COMMISSIONER HENNING: I see. But that's what I want to
replace it with.
MS. STUDENT-STIRLING: Oh. And it would be the entire -- it
would be the entire provision?
COMMISSIONER HENNING: Yeah, because then it spells out,
within 15 days of the submittal of any Site Plan Development (sic), it
shall be determined by the discretion of the planning director to refuse
the approval of such Site Development Plan if it includes that use.
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You see what I mean? And then it just continues it on. It doesn't slow
down the process. It just -- it's just going to make a better product.
MS. STUDENT -STIRLING: Yeah. I think we could put in
there -- I guess I have a question. This is going in the LDC. Is this to
be applicable to PUDs anyway or --
COMMISSIONER HENNING: Yeah, this ordinance.
MS. STUDENT-STIRLING: Okay. So maybe rather write the
entire thing, we could make a reference to that section in the LDC and
state --
COMMISSIONER HENNING: Well, that's not in the LDC.
MS. STUDENT-STIRLING: Okay.
COMMISSIONER HENNING: I thought you said, is this going
to be an amendment to the LDC.
MS. STUDENT -STIRLING: Yeah. And I guess we wouldn't --
I thought -- usually when you have an amendment, we have a section
number. But we could write it all in here, I guess, sure.
COMMISSIONER FIALA: I'd like to include that in my motion.
MR. YOV ANOVICH: I'm going to tell you, the problem with
language like this is, it creates such an uncertainty for anybody who's
interesting in buying or developing this property, that they're not
going to be able to do anything without having to check with the
County Manager first as far as a change in a use within an approved
SDP or if they're interested in buying the property at all because
there's such uncertainty as to what will or will not be deemed to be
compatible or comparable depending upon -- based upon the County
Manager's discretion.
This is something that's winding its way through the LDC
amendment process. If it's appropriate for all development to be
subject to that type of language, then it may be appropriate for us to be
subject to that language. But to single us out, it puts us at a
competitive disadvantage when no other developer may have the same
requirements. I don't think it's fair to us.
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You're going through the legislative -- the legislative process
now to possibly put this in the LDC. If it gets in the LDC, then what's
good for everybody else in Collier County should be good for us, but
we shouldn't have to live to a standard that doesn't apply to everybody
else in Collier County.
I hope what we've done is, by taking out the outdoor TV sand
limiting entertainment till 1 0 p.m. we've addressed really what the
compatibility issues have been in other parts of the county.
There's been issues about accessory uses, really putting a bar
outside with TV s. We've taken care of that through our stipulations
that I hope will address the concerns that have come up in Collier
County in other parts of the county. And I would hope I could
discourage you from imposing this on us when nobody else in Collier
County has to meet that requirement.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: I think you misunder --
misunderstanding. And I don't think we're on the same page. All
these uses that you're asking for will still be in here --
MR. YOV ANOVICH: But it says --
COMMISSIONER HENNING: -- in your PUD.
MR. YOV ANOVICH: What it says right here, this literally
means that even though a restaurant is an allowed use in my PUD, the
County Manager can trigger a process to say, you can't have a
restaurant because it says, he can -- within 15 days he can say, no
more restaurant, and then I've got to go through a process where I first
go to the Planning Commission -- I quickly scan this, and then I go to
the Planning Commission first, and if I don't like the answer from the
Planning Commission, I think I come to the Board of County
Commissioners. But it says that an approved use could be an
unapproved use based on this language.
COMMISSIONER HENNING: Okay. How about if we do this,
is the -- we go down the first section, instead of doing that, just add
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the top language to 11, and B, just add a number 3. On your different
uses in your C-2 --
MR. YOV ANOVICH: I think what Ms. Student suggested might
make some sense. The paragraph -- it's paragraph 12, I believe, now.
It says, any other commercial uses --
COMMISSIONER FIALA: What page are you on?
COMMISSIONER HENNING: You're in the new one?
MR. YOV ANOVICH: Your page 27 of your document. If we
change that to say, it's no longer in the planning director's discretion to
approve something that's not on this list, it has to come to the
commission, we're okay with that. But it would say that everything
that is on this list gets to occur.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Let's go to -- can we go to
Commissioner Coyle, then come back to you, sir?
COMMISSIONER HENNING: Yeah. I mean, if I could just
make one statement.
CHAIRMAN COLETTA: Please do.
COMMISSIONER HENNING: And I'm okay with that except
for I thought it was providing you more flexibility.
MR. YOV ANOVICH: See, I -- well, I like the -- you're right,
but your concern is ifthere's something that's not on items 1 through
11 --
COMMISSIONER HENNING: Right.
MR. YOV ANOVICH: -- and I convince staff it's okay, you'd
rather me have to convince you all that it's okay.
COMMISSIONER FIALA: Right.
COMMISSIONER HENNING: No.
MR. YOV ANOVICH: No?
COMMISSIONER HENNING: Just the opposite. If staff
thought it was okay and it met the smell test for compatible and
comparable, the compatibility -- because what they're going to do --
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and they could correct me if I'm wrong -- they're going to go to the
SIC code and find out--
MR. YOV ANOVICH: I'm sorry. Maybe I wasn't mis -- what if
we just, is comparable and compatible, add that language to number
12 on page 277
CHAIRMAN COLETTA: Just briefly, if! may, Commissioner
Henning.
MR. YOV ANOVICH: Am I missing something?
CHAIRMAN COLETTA: Commissioner Coyle wants to also
deal with this subject matter and we'll come right back to you.
COMMISSIONER COYLE: Yeah. I know exactly where you
want to go and I agree with you, but I'd say to you that it is absolutely
impossible to specify all of the things that are acceptable because so
much of what is acceptable depends upon how that person operates
their business. You can have a restaurant that you believe is
acceptable, but if they open up the back doors and the windows and
they're having parties in there and they're drinking till late at night, all
of a sudden, it's no longer acceptable.
I think the way to get there -- and I really think we have to get
there -- is to specify the permitted uses but then say that if any use
results in business practices that are -- in any way disturb the quiet
enjoyment of the neighbors, that that business can be stopped and
removed from that area, so that gives you as the owners the
opportunity to lease the property to people, but it places the
responsibility of their conduct on them.
And if their conduct is such that it results in an interference of the
quiet use of the property of their neighbors, then they're going to have
to close down and leave, and we can enforce that.
MR. YOV ANOVICH: I hear where you're trying to go, but I
can't measure that standard.
COMMISSIONER COYLE: It wouldn't be your responsibility
to. It would be our responsibility to.
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November 13, 2007
MR. YOV ANOVICH: I understand that, but what you're
basically -- I'm looking at it from a potential buyer's perspective. The
language you just said is, if it in any way hinders the quiet enjoyment
of -- if I have an overly sensitive neighborhood, what do I do?
COMMISSIONER COYLE: We have noise ordinances, we have
ways of measuring noise levels.
MR. YOV ANOVICH: Then you already can shut me down
because you already have those ordinances in place to shut me down.
It's already there. The enforcement mechanisms are there under the
existing ordinances.
And I -- again, I don't -- I don't think we mind being subject to
whatever any other business establishment in Collier County is subject
to. We just don't think it's fair to say to us, you're the only one who's
going to have the standard applied to you. Change the LDC that says,
you know -- or change the noise ordinance. If the noise ordinance
isn't working, change the noise ordinance so it works so it applies to
another project that also has commercial within it.
COMMISSIONER COYLE: You see, I don't know that our
noise ordinance really allows you to shut that business down. I think
it -- the noise ordinance permits you to impose sanctions against the
business to make them mitigate their conduct, and I don't think that's
where we want to go.
I would prefer to be in a position, if people are conducting
inappropriate business, as one restaurant in the northern part of the
city near Pine Ridge (sic) is doing right now, then you ought to just
close them down and say, you don't belong here. If this is your
business, you go somewhere else. Okay. That's--
CHAIRMAN COLETTA: I don't know if you can get there from
here. Wouldn't that be something you have to do through the LDC? I
mean, we're trying to create something I don't think was ever meant to
be in a PUD -- in a document such as this.
MR. KLATZKOW: We have similar amendments now going
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November 13,2007
through the process. We just went through DSAC. Weren't very
happy about these amendments, quite frankly. And it's eventually
going to wind its way to you for inclusion into the LDC and possibly
amending the noise ordinance.
CHAIRMAN COLETTA: And at that point in time, would that
be able to address this issue if a wrong kind of tenant got in there?
MR. KLATZKOW: I think if you had a tenant that was violating
your ordinance, you could enforce your ordinance.
CHAIRMAN COLETTA: Yeah. And I want to remind
everybody that we've got one bad example out there that has just
ruined the whole barrel of apples for everybody else, it looks like.
One bad example out of thousands, and we're trying to prevent it at
this point in time, and I think we're doing a little bit of overkill here.
Commissioner Fiala, it's still your motion, but if you feel that
we're falling short on this, then maybe you can try to address it. But I
agree with the petitioner that we can't give them an unfair
disadvantage while we -- to have -- don't require anyone else to follow
the same rules.
COMMISSIONER HENNING: She doesn't have a second. I'll
second it, and I think it will correct it.
COMMISSIONER FIALA: Okay. And actually you're just the
first of -- from here on in what's going to happen. It's just the -- you're
just on the cutting edge. It's not giving you an unfair advantage. I
could guarantee you, nobody's going to pass without these rules from
here on in so -- when it has to do with --
CHAIRMAN COLETTA: Ifwe may go ahead, what we're going
to do is call the one speaker up, and then we'll close the public portion
of the meeting after that, and then we'll try to deal this thing out before
the magic -- the clock turns to four clock and we lose Commissioner
Halas.
MS. FILSON: Ken Drum.
MR. DRUM: I pass.
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November 13,2007
CHAIRMAN COLETTA: Well, that wasn't that difficult. Thank
you, Ken, we appreciate your input.
And with that, I close the public portion of this meeting. We now
have a motion on the floor by Commissioner Fiala, a second by
Commissioner Henning.
And I hate to do this to you, but I'm going to ask you to clarify
the motion so that we really understand what we're voting on. And
you may help her, Commissioner Henning, where you find --
COMMISSIONER HENNING: Well, she doesn't have a second.
CHAIRMAN COLETTA: I thought you seconded.
COMMISSIONER HENNING: No. And if! may,
Commissioner Fiala, on number 12 where it says, any commercial or
professional use service -- professional service which would be
compatible in nature in the foregoing uses, which is in the
development services director's determination, may be compatible in
this district, just put the Board of Zoning Appeals.
COMMISSIONER FIALA: Instead of development services
director?
COMMISSIONER HENNING: Correct.
COMMISSIONER FIALA: Okay. The BZA instead. Okay.
CHAIRMAN COLETTA: Okay. Please don't make it too
difficult. Go ahead.
MS. STUDENT -STIRLING: I won't. But you have C-3 uses
also that are referred to, so do you want that same language for the
C-3 so we catch -- because if you recall, they're going to do C-2 and
C-3 uses.
COMMISSIONER HENNING: That's correct. That's in my
second.
COMMISSIONER FIALA: Okay. Okay. So now let me try and
repeat what we just said. I'd like to make a motion to approve this
request -- let me see. Let me get the -- this petition noting that there
will be no outdoor TV s or amplified music -- no outdoor TV s in the
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restaurants or whatever, and there will be no amplified music. There
will be no music, no entertainment, after 10 p.m., that there will be no
big boxes and that we will add to 5.02, number 12. We will change
where it says -- number 12, development services director, instead
insert BZA.
COMMISSIONER HENNING: And I think we need to clarify it
just on this tract, correct?
MR. YOV ANOVICH: Yes.
COMMISSIONER FIALA: Yes.
COMMISSIONER HENNING: What's that tract, C-2?
MR. YOV ANOVICH: It's actually commonly referred to as tract
4, but it's the only C-2 -- we describe it as the only C-2 parcel fronting
U.S. 41.
COMMISSIONER FIALA: What about the C-3s?
MR. YOV ANOVICH: It already -- it's already addressed. In
number 11 it says we get the C-2 and C-3 uses, and paragraph 12
qualifies those uses.
COMMISSIONER FIALA: Okay.
CHAIRMAN COLETTA: Okay. Commissioner Halas?
COMMISSIONER FIALA: Is that the way everybody
understood it?
CHAIRMAN COLETTA: Oh, I'm sorry.
COMMISSIONER HENNING: Well, it's actually number 11,
not 12. It says, in the C-2 parcel in front of U.S. 41.
MR. YOV ANOVICH: Right.
COMMISSIONER HENNING: Yeah. You said 12 instead of
11.
MR. YOV ANOVICH: Well, paragraph 12 is where you found
the language of -- you're changing from planning director to Board of
Zoning Appeals.
COMMISSIONER HENNING: Correct. Okay.
MR. YOV ANOVICH: Yep.
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November 13, 2007
COMMISSIONER FIALA: Okay.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HALAS: Motion maker, I'd like to know if
you could add to that motion that after 10 p.m. any doors or windows
in -- from inside the bar are closed, because there's been a couple of
issues up in my district where people open the doors and windows of
bars and that music radiates throughout the neighborhood, and we
have some issues with that. No live entertainment after 10 p.m.
outside, and then at 10 p.m., the doors and windows are closed in that
premise if they're going to have live music inside.
COMMISSIONER FIALA: Okay. We're not even allowing bars
there, but -- or TV s outside, but you're saying restaurants --
COMMISSIONER HALAS: Well, you may have restaurants --
COMMISSIONER FIALA: Yes.
COMMISSIONER HALAS: -- and restaurants can fall under the
guideline that after 10 p.m., they may have dancing inside the --
COMMISSIONER FIALA: You're right, you're right.
COMMISSIONER HALAS: Okay? So I --
COMMISSIONER FIALA: I'd like to do that because we're
talking about being over the water and the water --
COMMISSIONER HALAS: Exactly.
COMMISSIONER FIALA: -- amplifies the music into --
COMMISSIONER HALAS: By 10 o'clock the doors have to be
closed, okay.
COMMISSIONER FIALA: Okay.
MR. YOV ANOVICH: We don't have an objection to that, and I
think I know what establishment you're talking about.
COMMISSIONER HALAS: Well, I've got three establishments.
MR. YOV ANOVICH: Okay.
CHAIRMAN COLETTA: Let's see. Second agree?
COMMISSIONER HENNING: Just a clarification. If you're
talking about dancing and it's a restaurant, wouldn't it have to be table
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dancing?
COMMISSIONER HALAS: It could be floor dancing, too.
CHAIRMAN COLETTA: Okay. Let's--
COMMISSIONER HENNING: I don't think they dance in a
restaurant.
CHAIRMAN COLETTA: Okay. Commissioner Henning, you
got anything else to ask?
COMMISSIONER HENNING: No.
CHAIRMAN COLETTA: Okay. We have a motion, we have a
second. We've clarified this darn thing.
In any case, all those in favor, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 5-0.
Okay. Mr. Hancock, before you begin, we're going to be losing
Commissioner Halas at four o'clock. He's going to be carrying on
with the Florida Association of Counties representing this county and
this commission.
Would you like to proceed with your item, or do you want to ask
for a continuance?
MR. YOV ANOVICH: Let me ask you this. This -- unless things
have changed, this item was originally going to be on the summary
agenda, but it was pulled off the summary agenda to address
transportation's concerns regarding interconnection, which we have
addressed. And it also was pulled off to make sure you all were clear
about the preserve language that was added. All of that has been
included into the PUD document.
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November 13, 2007
Unless we think we're going to have an extended discussion, I
think we could probably get it done that quick unless --
CHAIRMAN COLETTA: If you really think so. I don't know.
We're already off to a running start. Commissioner Halas wants to ask
you something.
COMMISSIONER HALAS: The interconnect.
MR. MUDD: Commissioner, let's read into -- what we're talking
about.
COMMISSIONER HALAS: Okay.
Item #8D
ORDINANCE 2007-73: PETITION: PUDZ-2006-AR-9577 PAGE
VI, LLC, REPRESENTED BY TIM HANCOCK, AICP OF
DAVIDSON ENGINEERING, INC., IS REQUESTING A
PLANNED UNIT DEVELOPMENT (PUD) REZONE FOR THE
DELLA ROSA RPUD. THE REZONING REQUEST IS TO
REZONE FROM RURAL AGRICULTURE (A) AND SPECIAL
TREATMENT (ST) OVERLAY ZONING DISTRICT TO THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT. THE PROPOSED RPUD IS LOCATED
WITHIN THE URBAN MIXED USE DISTRICT WHICH
ALLOWS FOR A BASE RESIDENTIAL DENSITY OF 4 UNITS
AN ACRE AND THE GROWTH MANAGEMENT PLAN (GMP)
INFILL PROVISION ALLOWS FOR A MAXIMUM OF THREE
(3) ADDITIONAL UNITS AN ACRE. THE RPUD PROPOSES A
DENSITY OF UP TO SEVEN (7) UNITS AN ACRE, FOR A
TOTAL MAXIMUM OF 1 07 MULTI-FAMILY RESIDENTIAL
DWELLING UNITS. THE SUBJECT PROPERTY CONSISTS OF
15.38 ACRES AND IS LOCATED ON THE EAST SIDE OF
LIVINGSTON ROAD, APPROXIMATELY 2 MILES NORTH OF
IMMOKALEE RD, IN SECTION 13, TOWNSHIP 48 SOUTH,
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November 13,2007
RANGE 25 EAST, COLLIER COUNTY, FLORIDA - ADOPTED
W/STIPULATIONS
MR. MUDD: This is -- this is 8D. The item requires that all
participants be sworn in and ex parte disclosure be provided by
commission members. It's petition PUDZ-2006-AR-9577, Page VI 9
(sic), LLC, represented -- or it's Page VI, LLC, represented by Tim
Hancock, AICP, of Davidson Engineering, Inc., is requesting a
planned unit development, PUD, rezone for the Della Rosa, RPUD.
The rezoning request is to rezone from rural agricultural A and
special treatment ST overlay zoning district to the residential planned
unit development, RPUD, zoning district. The proposed RPUD is
located within the urban mixed-use district, which allows for a base
residential density of four units an acre, and the Growth Management
Plan infill provision allows for a maximum of three additional units an
acre.
The RPUD proposes a density of up to seven units an acre, for a
total maximum of 107 multifamily residential dwelling units. The
subject property consists of 15.38 acres and is located on the east side
of Livingston Road approximately two miles north of Immokalee
Road in Section 13, Township 48 south, Range 25 east, Collier
County, Florida.
CHAIRMAN COLETTA: Okay. All those wishing to
participate, please stand at this time and be sworn in.
(The speakers were duly sworn.)
CHAIRMAN COLETTA: Thank you. Now disclosures on the
part of the commissioners.
We'll start with Commissioner Henning?
COMMISSIONER HENNING: None.
CHAIRMAN COLETTA: Okay. Commissioner Fiala?
COMMISSIONER FIALA: I've had meetings on this with -- I
guess I've had a meeting with the petitioner and also with staff.
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November 13,2007
CHAIRMAN COLETTA: And I've had meetings with the
petitioner and staff.
Commissioner Halas?
COMMISSIONER HALAS: Meetings with staff, petitioner,
both Rich and Mr. Hancock.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: I have met with Mr. Hancock and
Mr. Y ovanovich concerning this issue.
CHAIRMAN COLETTA: Okay. Please proceed, Mr. Hancock,
or whoever, first.
MS. ZONE: Hi.
MR. MUDD: Hang on, Melissa.
Just so you know, I did pull this off of the summary agenda to the
regular agenda, and it was alluded to just previously. It has to do with
the paragraph on page 5 of 16 -- excuse me -- page 5 of 116, that's
your executive summary, that says, although the CCPC approval
recommendation was unanimous, this position was not placed on the
summary agenda because the assistant County Attorney reviewing the
petition has requested that it be placed on the regular agenda to allow
the motion and conditions of approval to be discussed.
It should be noted that the applicant agreed to all the conditions.
The CCPC's recommendation was the result of a complex discussion,
and the assistant County Attorney felt the BCC would be better served
by hearing a review of that discussion before taking action on the
petition. Exhibit A is the applicable excerpt from the September 20,
2007, CCPC minutes.
The other place that it's different that had -- needed to be brought
to your attention had to do with a recommendation on page 7 of 116,
and it states that staff recommends the Board of County
Commissioners approve the petition Della Rosa RPUD, subject to the
CCPC recommendations except for condition one, which states, an
interconnection shall be constructed if the adjacent property along --
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November 13,2007
along the north is developed as commercial.
The interconnection shall be located so as to abut the public
utility easement on the adjacent property.
Staff recommends that the interconnection shall be constructed
regardless of whether it is developed as commercial or residential.
The intent of this recommendation is consistent with the
transportation services division's request to limit multiple access
points on Livingston Road, which is County Road 881, when property
owners shall share one ingress and egress point.
And those are the only two points of contention on this particular
issue as I saw them, and that's why I moved it.
CHAIRMAN COLETTA: Thank you, Mr. Mudd. We
appreciate you clarifying that.
Before we go to you, Mr. Y ovanovich, let's see if we can move
this right along.
Commissioner Halas?
COMMISSIONER HALAS: The County Manager just brought
up one thing that I think is very important, that whether it's
commercial or residential, that there will be an interconnection.
MR. YOV ANOVICH: And that's depicted on the master plan,
that's attached to the PUD, it's unconditional, that regardless of what
develops to our north, there will be interconnection.
COMMISSIONER HALAS: Okay. And that will be free access
both ways, right, in and out?
MR. YOV ANOVICH: Yes, in and out.
COMMISSIONER HALAS: The other thing that I want to make
sure that it's on record -- and I believe the Planning Commission had
thoroughly addressed this -- and that is the five acres to the south is to
remain as a preserve and it will be the responsibility of the PUD for
the upkeep and to place this in perpetuity, this preserve area.
MR. YOV ANOVICH: That's correct, and that's also in this area
right here. That's the five acres to the south that we agreed to acquire
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and place in preserve. And both the interconnection and the preserve
are in the development commitments in the PUD as well.
COMMISSIONER HALAS: And it's the responsibility of the
PUD to make sure that --
MR. YOV ANOVICH: Yes,
COMMISSIONER HALAS: -- preserve area is kept up?
MR. YOV ANOVICH: Yes.
COMMISSIONER HALAS: Okay.
CHAIRMAN COLETTA: Thank you. And--
MS. STUDENT -STIRLING: Thank you, Commissioner Halas.
And just to make sure that's done, we would request further it just
states it's in perpetuity and that acreage is not within the PUD. So to
be doubly sure -- and it's also zoned agriculture -- we'd like a private
deed restriction that says that it remains in perpetuity and to -- and
also a conservation easement over it in favor of the county with no
responsibility for maintenance, because that way we have a hook to
make sure that it happens, and the private deed restriction takes care of
the underlying zoning as ago
COMMISSIONER HALAS: Okay. I make a motion that we
approve this with the information that was read into the record by the
County Attorney, and also the stipulations in regards to
interconnectivity of this parcel, and as was stated, the preserve, that
we need to have in our hands a document saying that that is now under
your jurisdiction and it's going to be under perpetuity of the -- of that
community.
MR. YOV ANOVICH: Right. And staff has asked me to clarify
that, as you know, when we ultimately turn the community over, the
association will have responsibility for the preserve area as well,
instead of -- obviously if the developer leaves at some point.
CHAIRMAN COLETTA: Do I answer a second?
COMMISSIONER FIALA: Second that, but --
CHAIRMAN COLETTA: For discussion purposes.
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COMMISSIONER FIALA: -- I just wanted to make sure that the
interconnection is, as Commissioner Halas just said, stated on the
record in his motion regardless of whether it's developed as
commercial or residential.
COMMISSIONER HALAS: Yes.
COMMISSIONER FIALA: Okay. Then I second.
MR. YOV ANOVICH: And that's in the document, yes.
COMMISSIONER FIALA: My second stands.
CHAIRMAN COLETTA: We have a motion, we have a second.
We have a speaker. Call the speaker.
MS. FILSON: Sarah Spector.
MS. SPECTOR: I withdraw my request.
CHAIRMAN COLETTA: Thank you.
And with that I close the public portion.
MR. MUDD: Mr. Chairman, before you close it, Melissa needs
to put one thing on the record.
MS. ZONE: Melissa Zone, Principal Planner with the
Department of Zoning and Land Development.
Inadvertently the application for Della Rosa was omitted in your
NOVIS packet. It was presented to the Planning Commission. I have
the ownership on the monitor now. I had emailed the county
commissioners. I have the applications here for hard copy if our court
reporter, County Attorney's Office, or any of the commission
members would like a copy, and it will be in the county records as
well.
So we had it. Somehow it was just inadvertently omitted, and I
just wanted to make sure, for the record, that it was at all times in
county possession.
CHAIRMAN COLETTA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: I forgot an ex parte. I talked to
-- received correspondence from our staff.
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CHAIRMAN COLETTA: Okay. We duly noted that. Thank
you.
With that, any other discussion?
(No response.)
CHAIRMAN COLETTA: Hearing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 5-0.
Item #10F
A LEASE AGREEMENT WITH PALM LAKE INVESTMENTS
FOR THE STATE OF FLORIDA'S CONFLICT RESOLUTION
OFFICE WITH A FIRST YEARS RENT OF $32,190 - FIRST
MOTION MTO DENY - FAILED; SECOND MOVEION TO
APPROVE - APPROVED
We're going to go next, Mr. Mudd, to lOF, by the request of the
commission. Commissioner?
COMMISSIONER COYLE: And I could probably move that
along, since I'm the one that asked that that be pulled.
CHAIRMAN COLETTA: Go ahead.
COMMISSIONER COYLE: Item 10F is an unfunded mandate
from the State of Florida. They have required that we provide office
space for the State of Florida's Conflict Resolution Office. It's going
to cost the taxpayers of Collier County $32,190 per year, and that's
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November 13,2007
just for the first year's rent.
And I would like to make a motion that we disapprove this lease
agreement. The -- we make a lot of space available in this building to
the Florida legislators. I think we shall make it their problem.
If they want to house their employees, then they house them in
their offices, and we just turn it over to them and say, there it is, folks.
You've got to make some space available for the State of Florida's
Conflict Resolution Office, and any way you do it is fine with us, but
we're not paying for it. End of story.
COMMISSIONER HALAS: You make that a motion, sir?
COMMISSIONER COYLE: That is a motion.
COMMISSIONER HALAS: And I'll second that.
CHAIRMAN COLETTA: We have a motion from
Commissioner Coyle, a second by Commissioner Halas.
And I can't go along with it, and I'll tell you why. We -- even
though I don't think we're being dealt a fair deal from Tallahassee,
somehow we've got to be able to reach a working accord with them,
and I think this is sending a message that is extremely negative.
I know in some counties they have gone so far as to raise the rent
to the -- for the state representatives and senators to unbelievable
amounts to drive them out of the public buildings, and I'm sure at the
end of the day, they don't get anything that they're looking for. So,
you know, that's my concern is that we're -- this is a little bit of
overkill and that we're not doing anything but shooting ourselves in
the foot.
Commissioner Henning, then Commissioner Halas.
COMMISSIONER HENNING: Well, I think the public
demands that we work together to resolve issues, and if anybody has a
problem with what the legislators passed, I think they ought to talk to
the legislation delegation individually and try to resolve this. This
going back and forth on the dais here is not in the best interest of the
citizens of Collier County, and I hope in the future we can change that.
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CHAIRMAN COLETTA: Okay. Commissioner Halas, then
Commissioner Coyle.
COMMISSIONER HALAS: I believe that last June the
legislators up there in Tallahassee said, hey, we're going to help out
the schools, and what do they do? They turned right around and they
passed a law of $445 million that was another mandate, unfunded
mandate that was sent down to us. And I believe, since about 2000,
we've had about $8 million that's been unfunded mandates that's been
sent down to just this county alone, and I'm tired of it.
They have a responsibility, and when they can't meet their budget
then they send this stuff down to us. And I think it's time -- high time
for them to start looking at all of these special interest groups. They
get a break on the sales tax. And I think if they did that, I think they
could take care of a lot of these issues.
And as Commissioner Coyle said, then we talk about impact fees,
and impact fees build the offices here, and then they're going to turn
around and charge us. I got a problem with that.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Cooperation goes both
ways, and I'll challenge just about anybody on this commission to tell
me what the legislators have done to help Collier County. They have
done a lot to help special interests, but they don't do much to help
Collier County.
And their priority lists are not our priority lists. We ask them to
vote against things that are not in our best interest and they ignore us.
We ask them not to push more mandated funding requirements on us,
unfunded mandates on us, and yet they don't stand up and vote against
them. They do nothing to help us out on these issues.
And to believe that somehow accepting more unfunded mandates
from state government is somehow going to improve our working
relationship is just being naive.
So I am not reluctant to tell people I'm unhappy with their
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performance and representation, and I've been very clear about that
and -- for the legislature now for a couple of years. And I think the
only way they're going to get the point is if they have to have the
responsibility themselves to cover the cost of these unfunded
mandates.
I do not think it is unreasonable for them to make room in their
own offices for state employees. End of story. I think anything short
of that is just kowtowing to people because you don't want to rock the
boat. I think the time is to rock the boat now.
CHAIRMAN COLETTA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, let's see. We've got at
least $8 million for Collier Boulevard. I know we got more monies
for other roads, and we got $1.2 million for the emergency
management for the building, and it doesn't -- several comments -- and
I'm not kowtowing to anybody, Commissioner Coyle. I want to work
for the public. Work for the public. And the only way that we're going
to do that is to work together as elected representatives of this
community.
I differ from the legislators on things they do, but I just choose
not to do it out in the public. I think there's a better way to do that.
That is your choice. But I'm not going to support your motion because
I think this is some sort of revenge that's been going on for years, and
I won't participate in that.
CHAIRMAN COLETTA: Okay. Commissioner Fiala? This is
real interesting.
COMMISSIONER FIALA: Speaking of conflict resolution,
right? Here we are.
Maybe this office would be able to help us resolve this conflict.
I'm willing to give them one year to see what they can do about
creating a better atmosphere between the state and the county. If it
costs me $32,000 or $50,000, but then we're in a better standing.
Because of their efforts with the state, I'm willing to put forward that
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money.
CHAIRMAN COLETTA: Now it's my turn. Last year I headed
up the Regional Planning Delegation Legislative Committee, like I
have for the past five years, and last year was very disappointing. We
got into Rubio's office. I felt much like you did, and I still do. I have
this resentment over how we're treated and the lack of respect for
other elected officials.
And at that meeting -- I'm going to forthright with you -- Rubio
was less than playing it straight with the group that was representing
seven different counties. You'd ask him a question pertaining to taxes,
and he'd change the subject. And he kept this up. Finally everyone's
looking to me for direction. So I lit into Rubio. And I was famous in
Tallahassee for about four hours, and I haven't been back to
Tallahassee yet.
I tried to get another member of the Regional Planning Council
to take this position that I've held now for five years as the chair of the
legislative delegation. Nobody wants it. They want me to keep it.
They thought I did a good job. I didn't think I did. I don't think it's the
right way to go about it.
The problem simply boils down to one thing. They don't need
me, but we need them.
Now, I'm not too sure how I'm going to be able to make
everything work, but I think about the only way I can do it is by
directly talking to him.
In fact, Burt Saunders has offered to set up a meeting with me
and the governor to be able to discuss some of these issues. There's a
lack of respect for elected officials at the local level, be it the counties
or the municipalities, and it's felt throughout the whole state. But you
try to resolve these things in a meaningful way.
And I'm sorry I can't -- you're right. You're right to be angry, but
how do we get to where we need to be and still provide for the people
of this county? I don't want to alienate them to the point where
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nothing comes down to us. But I'd like to be able to reach some sort
of agreement and be treated as somewhat of an equal.
Commissioner Coyle, back to you.
COMMISSIONER COYLE: Yeah, okay. I understand, but I'd
also like to remind you that over the past three years we have received
substantially less money every year. Yeah, we still get some money
from Tallahassee, but it's declining year after year after year. And
don't forget if you've got some money for Davis Boulevard, don't
forget that you also lost $40 million for that intersection, and nobody
bothered to consult you about it. They just yanked it.
You didn't get the money that you were promised as a result of
the SB360, and so now what we're saying is, to make ourselves feel
better, we're going to let the people of Collier County pay $32,190 to
sign a lease for their employees rather than requiring that the
legislators make some room in the offices which they use less than 30
percent of the time.
So I think it's the wrong decision and it's sending the wrong
message that, hey, you've run over us very effectively for the past
three years, please do it for another year and we'll let the people of
Collier County pick up the bill. I don't think it's the wrong way. You
don't change things by turning the other cheek.
CHAIRMAN COLETTA: Actually, I think this conversation has
been most helpful. If anything, it sends a message about our, what,
less-than-joyous reception as far as accepting what they're doing.
COMMISSIONER COYLE: I guess.
CHAIRMAN COLETTA: If anything, now I think they may
have a better understanding. I'm still going to vote for it because I
think that's how we're going to be able to mend the fences to be able to
get on with life.
With that, if there's no other comments, all those in favor of
Commissioner Coyle's motion, seconded by Commissioner Halas, to
not fund the office, indicate at this point in time by saying aye.
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November 13,2007
COMMISSIONER HALAS: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Those opposed to that motion,
indicate by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Okay. So the motion fails by a vote
of 3-2.
Do I hear a substitute? Commissioner Henning?
COMMISSIONER HENNING: Is there any way to house these
in the new annex building when it's built?
MR. CAMP: Yes. For the record, Skip Camp, your Facilities
Manager Director. We've been instructed by the County Manager to
fit them in.
COMMISSIONER HENNING: Just now you were instructed?
MR. CAMP: When this came up. This is a relatively new
requirement, and he told us, when he was put on notice, that we would
have to take care of these people, that he didn't want them in leased
space, just like he doesn't want our people in leased space. He wants
them in owned space because of the cost effectiveness.
COMMISSIONER HENNING: So your recommendation is to
deny this, and you're going to find space on the campus?
MR. CAMP: No. We'd like you to approve the
recommendation, which is leasing them temporary space until the
annex is open, then shoehorn them into the annex. And I don't think
it's going to be shoehorned. I think we'll find appropriate space in the
annex.
COMMISSIONER HENNING: Well, this one -- this says it's a
three-year lease.
MR. CAMP: Yes. Until the annex is done. We can close the
lease prematurely, but just in case, we want that amount of time.
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COMMISSIONER HENNING: What's the penalty for
prematurely severing the lease?
MR. CAMP: Michael? There's none.
COMMISSIONER HENNING: We've got a whole bunch of
lawyers that we're leasing it from.
MR. CAMP: There's no penalty. There's our leasing agent right
there.
(Commissioner Halas left the commissioner room for the
remainder of the meeting.)
COMMISSIONER HENNING: Okay. Then I'll make a motion
to approve.
CHAIRMAN COLETTA: And I'll second it. Motion to approve
by Commissioner Henning, second by Commissioner Coletta.
Any other discussion?
COMMISSIONER FIALA: I--
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Does it have to be for three years?
MR. CAMP: No, it's going to be until the -- that's the worst-case
scenario. It's going to be until we can put them in the annex.
COMMISSIONER FIALA: I just wanted to experiment with it
for one year.
MR. MUDD: Yes, ma'am, but that's not the mission of this
particular organization. And I just want to make sure that you're
aware. They basically are part of the Public Defender's Office, okay,
and they basically talk about conflicts of interest in dependency and
determination of parental rights proceedings as well as certain other
civil proceedings as authorized by law. So they don't really get into
conflict between elected offices. This is just strictly out of the judicial
side of things.
COMMISSIONER FIALA: Oh, too bad. Thank you.
CHAIRMAN COLETTA: Any other comments?
(No response.)
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November 13,2007
CHAIRMAN COLETTA: All those in favor of the motion,
indicate by saying aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Okay. Let the record show that the
vote was 3-1, Commissioner Halas had to leave for the Florida
Association of Counties, and Commissioner Coyle was in opposition.
Thank you very much. If anything, I think it might behoove us to
send a record of what we just went through for our local delegation. I
think they'd benefit from the discussion that just took place, because
everything you said was true.
COMMISSIONER COYLE: Send a copy to the governor.
CHAIRMAN COLETTA: That might be a good idea.
COMMISSIONER COYLE: And the speaker of the house.
CHAIRMAN COLETTA: You want to direct me to do that?
COMMISSIONER COYLE: Sure.
CHAIRMAN COLETTA: Okay. I'll nod my head.
COMMISSIONER FIALA: Fine with me.
CHAIRMAN COLETTA: Okay. I got three nods.
Yes, sir. Mr. Mudd, you're looking at me strange.
MR. MUDD: No, sir. I just want to know if we're keeping a
move on or we're going to take a break.
CHAIRMAN COLETTA: Yeah, we're going to take a break. I
think everybody deserves a 10-minute break.
COMMISSIONER FIALA: Okay.
(A brief recess was had.)
Item #12B
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A REQUEST FROM MAYOR HAMIL TON AND IVEY HOUSE
OF EVERGLADES CITY FOR A FESTIVAL/CAMPING PERMIT
TO ALLOW FOR A TWO-DAY CAMPING AND TOURISM
EVENT IN THE VICINITY OF EVERGLADES CITY FROM
DECEMBER 16-17.2007 - APPROVED
MR. MUDD: Ladies and gentlemen, if you'd please take you
seats.
Mr. Chairman, Commissioners, you have a hot mike.
Sir, you have a time certain of four p.m., item 12B. It's a
recommendation that the Board of County Commissioners approve a
request from Mayor Hamilton and the Ivey House of Everglades City
for a festival camping permit to allow for a two-day camping and
tourism event in the vicinity of Everglades City from December 16th
through the 17th of 2007.
COMMISSIONER COYLE: Motion to approve.
CHAIRMAN COLETTA: Second. We have a motion for
approval by Commissioner Coyle and a second by Commissioner
Coletta.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor --
MR. MUDD: Do you have any speakers, Sue?
MS. FILSON: No, sir.
MR. MUDD: Okay.
CHAIRMAN COLETTA: All those in favor, indicate by saying
aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
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November 13, 2007
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0. You're free
to go.
UNIDENTIFIED SPEAKER: Thank you, sir.
MR. MUDD: Commissioner, that bring us to -- back to 9 --
COMMISSIONER COYLE: B.
Item #9B
RESOLUTION 2007-322: APPOINTING DAVID EDWARD
BISHOF TO THE ENVIRONMENTAL ADVISORY COUNCIL-
ADOPTED
MR. MUDD: -- 9B. It's appointment of a member to the
Environmental Advisory Council.
COMMISSIONER FIALA: Motion to approve David Edward
Bishof.
COMMISSIONER COYLE: Second.
MS. FILSON: Okay.
COMMISSIONER FIALA: I'll catch that next, Sue, or should I
put that on there now? And the board may wish to approve Ms.
Megrath to fulfill the remainder of Bishofs term.
MS. FILSON: As an alternate member.
COMMISSIONER FIALA: As an alternate member, okay. And
I'll put that in my motion as well.
CHAIRMAN COLETTA: Is that in your second?
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Okay. A motion by Commission
Fiala, second by Commissioner Coyle.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
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November 13,2007
indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0.
Item #9C
RESOLUTION 2007-323: DECLARING TWO VACANCIES ON
THE IMMOKALEE MASTER PLAN AND VISIONING
COMMITTEE - ADOPTED
MR. MUDD: Next item is 9C. It's a recommendation to declare
two vacancies on the Immokalee Master Plan and Visioning
Committee.
CHAIRMAN COLETTA: Motion to declare two vacancies.
COMMISSIONER COYLE: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Motion by Commissioner Coletta,
second by Commissioner Coyle.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
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November 13, 2007
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0.
Item #9D
RESOLUTION 2007-324: APPOINTING TOM EASTMAN,
REPRESENTING THE COLLIER COUNTY SCHOOL BOARD,
TO THE COLLIER COUNTY PLANNING COMMISSION -
ADOPTED
MR. MUDD: Next item is 9D, it's confirmation of appointment
to the Collier County Planning Commission.
COMMISSIONER FIALA: Motion to approve Tom Eastman.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HENNING: Clarification.
CHAIRMAN COLETTA: Yes.
COMMISSIONER HENNING: This is a nonvoting member of
the --
MS. FILSON: That's correct.
COMMISSIONER HENNING: Okay, thank you.
CHAIRMAN COLETTA: So we have a motion by
Commissioner Fiala and a second by Commissioner Coyle.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
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November 13, 2007
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0.
Item #9E
RESOLUTION 2007-325: APPOINTING PAUL NYCE TO THE
PARKS AND RECREATION ADVISORY BOARD - ADOPTED
MR. MUDD: Commissioner, the next item is 9E. It's
appointment of a member to the Parks and Recreation Advisory
Board.
COMMISSIONER FIALA: Motion to approve Paul Nyce.
MS. FILSON: Nyce.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Fiala, second by Commissioner Coyle.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0.
Item #9F
BOARD DISCUSSION REGARDING COMMISSIONER
HENNING'S RESIGNATION FROM THE CANVASSING BOARD
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OF THE SPECIAL ELECTION - DISCUSSED
MR. MUDD: 9F is your next item, board discussion regarding
Commissioner Henning's resignation of the Canvassing Board of the
Special Election.
COMMISSIONER HENNING: And I appreciate your patience.
What transpired is, being that it -- a lot of the voters were in my
district, they were looking for my guidance on who to vote for, and I
could not give that, being on the Canvassing Board, and it was very
difficult to give them their experiences and backgrounds without
continually people wanting my recommendations on who to vote for.
So I thought it was important for me to bring this up, since the
board appointed me as liaison or an alternate to the Canvassing Board.
Commissioner Halas was disqualified because of his support. I
wanted to bring it up, and what it is is, the judge appointed a person on
the Canvassing Board.
So it gives my -- the ability for me to tell my constituents, yes, I
am supporting Matt Hudson because I feel he is the best candidate and
most qualified for the job, and I think that he will work the best with
the Board of County Commissioners, and also being, it is party
politics, we would see more returning to Collier County than not.
So that was just -- it doesn't take an action item.
CHAIRMAN COLETTA: Fine. Commissioner Coyle?
COMMISSIONER COYLE: That raises a question about my
own membership on the Canvassing Board. I don't know how I can
perform on the Canvassing Board either, so we're going to have to --
COMMISSIONER FIALA: Why?
COMMISSIONER COYLE: For the same reason.
COMMISSIONER FIALA: Oh. And we're --
CHAIRMAN COLETTA: We unanimously have supported one
candidate, and that being Matt Hudson. And since we have done that,
none of us can be eligible to be on the Canvassing Board.
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November 13,2007
COMMISSIONER COYLE: So what do we do about that?
COMMISSIONER HENNING: Well, the judge -- there is a -- in
the elections statutes, when you come to an impasse like this, the chief
judge can appoint a member to the Canvassing Board, and he did so,
and he appointed Mary Ellen Hawkins to that seat, so you have Judge
Ramiro Manalich, the Supervisor of Election, and then Mary Ellen
Hawkins.
COMMISSIONER COYLE: Well, is anyone else needed for
that position? Then why am I going -- why am I scheduled for
training for the canvassing --
MS. FILSON: That's for the 2008 elections, not the special
election.
COMMISSIONER FIALA: See, next year, as we begin January,
none of the three of us can be on there because we're all running for
election, and so --
COMMISSIONER COYLE: I think I'm going to run for
election, too.
COMMISSIONER FIALA: Y ou'lllove it though. It's really
great. It's really interesting.
COMMISSIONER COYLE: I got it. So I still go to training,
huh?
MS. FILSON: Yes, sir.
COMMISSIONER FIALA: Do you think they can train an old
dog new tricks?
COMMISSIONER COYLE: No. That's the mistake they're
making.
COMMISSIONER FIALA: Y ou'lllike it though.
COMMISSIONER COYLE: I'm too old to learn anything new.
COMMISSIONER FIALA: No, you aren't.
CHAIRMAN COLETTA: You'll do fine. You'll straighten them
out in no time.
COMMISSIONER COYLE: Yeah, right.
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November 13, 2007
CHAIRMAN COLETTA: Okay. Let's move -- that's an
informational item. It doesn't require any votes. With that, move on
to the next one, Mr. Mudd.
Item #10A
RECOMMENDATION TO AWARD BID NO. 07-4187 TO D.N.
HIGGINS, INC., FOR THE PURCHASE AND INSTALLATION
OF TWO SAND SEPARATOR UNITS FOR THE NORTH AND
SOUTH COUNTY REGIONAL WATER TREATMENT PLANTS
(NCRWTP AND SCRWTP) IN THE BASE BID AMOUNT OF
$1,442,800 AND TO APPROVE THE NECESSARY BUDGET
AMENDMENT. PROJECT 71052 - APPROVED
MR. MUDD: Commissioner, that brings us to lOA. This is a
recommendation to award bid number 07-4187 to D.N. Higgins, Inc.,
for the purchase and installation of two sand separator units for the
north and south county regional water treatment plants in the base bid
amount of $1,442,800, and to approve the necessary budget
amendment, project 71052. Oscar Martinez, Senior Project Manager,
Public Utilities, will present.
COMMISSIONER FIALA: Motion to -- oh.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Okay. Motion to approve by
Commissioner Coyle, second by Commissioner Fiala. Do you need to
read anything into the record or we all set?
MR. MARTINEZ: No, sir. Thank you very much.
COMMISSIONER FIALA: We loved your presentation.
CHAIRMAN COLETTA: It was great. It was absolutely
wonderful.
MR. MARTINEZ: Appreciate it.
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November 13,2007
CHAIRMAN COLETTA: We're glad that you spent many hours
preparing for it.
And with that, any other comments?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0.
Item #lOB
RESOLUTION 2007-326: AUTHORIZING THE ACQUISITION
BY GIFT OR PURCHASE OF RIGHT-OF-WAY AND RELATED
EASEMENTS NECESSARY FOR CONSTRUCTION OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
REQUIRED FOR THE EXPANSION OF COLLIER BOULEVARD
FROM THE GOLDEN GATE MAIN CANAL TO GOLDEN GATE
BOULEVARD AND PORTIONS EAST ON WHITE
BOULEVARD AND WEST ON PINE RIDGE ROAD - ADOPTED
MR. MUDD: Commissioner, the next item is lOB. It's a
recommendation to adopt a resolution authorizing the acquisition by
gift and purchase of right-of-way and related easements necessary for
the construction of roadway drainage and utility improvements
required for the expansion of Collier Boulevard from Golden Gate
Main Canal to Golden Gate Boulevard and portions east on White
Boulevard and west on Pine Ridge Road. Project number 68056; the
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estimated fiscal impact is $8,927,000.
Mr. Jay Ahmad, your Transportation ESM Director, will present.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Motion by Commissioner Coyle,
second by Commissioner Fiala.
Any discussion?
COMMISSIONER HENNING: Yes.
CHAIRMAN COLETTA: Yes, go ahead, Commissioner
Henning.
COMMISSIONER HENNING: The -- it cannot exceed over 25
percent of the appraised -- county's appraised value?
MR. AHMAD: It's either -- Commissioner, for the record, Jay
Ahmad, your Director of Transportation Engineering. It's either the
transportation on staffs appraisal or a consultant that is hired by the
county to do the appraisal for the project.
COMMISSIONER HENNING: And that's whichever one is
less?
MR. AHMAD: We may do one or the other or we may do either,
depending on the amount of -- the value of the property.
COMMISSIONER HENNING: Okay. Any other comments or
questions?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0.
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Item #10D
DIRECTION TO THE COUNTY ATTORNEY AND THE
COUNTY MANAGER, OR HIS DESIGNEE, RELATED TO
DESIRED CHANGES TO THE CHARITABLE ORGANIZATION
IMP ACT FEE DEFERRAL PROGRAM - MOTION TO DEFER
THIS ITEM TO THE PRODUCTIVITY COMMITTEE WITH
SUGGESTIONS BEING GIVEN TO THE BCC - APPROVED
MR. MUDD: Commissioner, the next item, you've done, lOe.
Brings us to lOD. It's a recommendation that the Board of
County Commissioners provide direction to the County Attorney and
the County Manager or his designee related to desired changes to the
charitable organization impact fee deferral program. Amy Patterson,
Impact Fee Manager for Community Development's Environmental
Services, and Mr. Jeff Klatzkow, Deputy County Attorney, will
present.
COMMISSIONER HENNING: Mr. Chairman, before we start,
can we just give direction to take this to the Productivity Committee
for the recommendations before we have this item on the agenda
again?
CHAIRMAN COLETTA: How would that work with the
timetable? I like that suggestion, by the way.
COMMISSIONER HENNING: There is no timetable.
MS. PATTERSON: Amy Patterson, for the record. The only
thing that it would affect is I have several pending applications for the
program, and that would be the only effect on those applicants, that
they would have to wait a while longer until we resolved our issues
with the program.
CHAIRMAN COLETTA: Yes. I like that. I like to see
everything vetted by the Productivity Committee or the Planning
Commission. It saves -- it gives a lot of thought into the whole thing.
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November 13,2007
COMMISSIONER FIALA: I agree.
CHAIRMAN COLETTA: Okay. You want to make that into a
motion?
COMMISSIONER HENNING: I make a motion that we
reprimand 10D to the Productivity Committee and make their
recommendations to the Board of County Commissioners.
COMMISSIONER FIALA: Okay. And I second the motion.
CHAIRMAN COLETTA: Did you have a speaker on that?
MS. FILSON: Yes, sir.
CHAIRMAN COLETTA: Okay. Bring the speaker forward.
MS. FILSON: Marci Sanders.
MR. SANDERS: I'm Marci Sanders. I'm the Director of
Operations for the Shelter for Abused Women and Children here this
Naples, and I am here to ask the board not to change the deferral-- the
impact fee waiver deferral ordinance as it stands now.
Currently the shelter has a project in the county for permitting.
It's building four affordable housing units on Pine Street in East
Naples. The estimated impact fee for that project will be $88,000 as
far as we know right now.
If you go back as far as 2001 when this board decided to waive
impact fees for charitable organizations building affordable housing;
that was a wonderful step for you to take. Then in 2005, you changed
that -- you increased the amount from -- that you previously had
approved. You made it $100,000 per entity and with a total of
$200,000 per year, which was another great step for you to make.
In 2007, you decided it was not a waiver. It was a deferral, but as
long as the charity maintained the property at its original intent, it
would remain a deferral and would not have to be repaid. That was
very acceptable to us. But now you are considering adding
repayments, interests, and other financial implications that are not in
the best interests of non-profits in this county who are trying to build
affordable housing using our own funds, our own donated funds, and
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state funding that we are receiving through grants.
I am here requesting you to demonstrate support of the
non-profits in this county by not changing the impact fee waivers and
deferral program that you currently have set up. Leave it the way it is.
Let us apply deferrals and let us receive a little bit of support from the
county. Thank you.
CHAIRMAN COLETTA: Okay. Commissioner Fiala, then I
have some comments.
COMMISSIONER FIALA: Ma'am? Excuse me?
MS. SANDERS: Oh, I'm sorry.
COMMISSIONER FIALA: Looks like we're going to ask the --
we're going to remand this over to the Productivity Committee. My
suggestion would be you go before them, too, and place your
comments there as well, or write them a letter, whatever you want to
do.
MS. SANDERS: Yes, we definitely will do that. Thank you.
CHAIRMAN COLETTA: Yes. And this is an item that's very
dear to my heart, and I was quite involved when it originally came up
in 2001. Just -- the original idea was to help those agencies by waiving
a portion of the impact fees on new construction where the building
would be used exclusively for providing food, clothing, shelter, and
medical for low-income or indigent people.
I don't have a problem in faith-based organizations receiving this
deferral -- deferral, which it's turned to now, and I think it's a much
better way of doing it -- if the above-mentioned service is dispensed
without prejudice and that the use of the said facility is dedicated 100
percent to the -- to the dispensing of the medical, food, clothing,
shelter; in other words, it's not a dual purpose type thing, which you
may have a church where they turn the hall into something where they
dispense. That's something we can avoid.
And I just wanted to get those thoughts across, because I'm sure
that the minutes of this meeting will be given to the Productivity
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Committee.
Anything else?
(No response.)
CHAIRMAN COLETTA: Commissioner Fiala, did you have
anything else to add? Okay. And with that, we have a motion, we
have a second, and that's to defer this to the Productivity Committee.
All those in favor, indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0.
Item #10E
A PROFESSIONAL SERVICES AGREEMENT WITH HDR
ENGINEERING INe., IN THE AMOUNT OF $1,497,100.00
PURSUANT TO RFP #07-4144 FOR ENGINEERING DESIGN
AND CONSTRUCTION OVERSIGHT SERVICES RELATED TO
THE CONSTRUCTION OF THE NORTH COUNTY REGIONAL
WATER TREATMENT PLANT 2-MGD REVERSE OSMOSIS
EXPANSION - APPROVED
MR. MUDD: Commissioner, next item is WE. It's a
recommendation to approve a professional service agreement with
HDR Engineering, Inc., in the amount of$1,497,100 pursuant to RFP
number 07-4144, for engineering design and construction oversight
services related to the construction of the North County Regional
Water Treatment Plant, two-million-gallon-a-day reverse osmosis.
Project number 710022.
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Tom Chmelik--
MR. CHMELIK: Yes.
MR. MUDD: Good, okay -- Senior Project Manager for Public
Utilities will present.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: This is a good-news item. It
adds capacity. We're going to bring in line four existing wells that
were abandoned because they went salty. So I'm going to make a
motion to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Motion by Commissioner Henning
for approval, seconded by Commissioner Coyle.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0.
MR. CHMELIK: Thank you.
MS. FILSON: There's no public comment.
MR. MUDD: Thanks, Sue.
COMMISSIONER FIALA: Good thing.
Item #12A
RESOLUTION 2007-327: SUPERSEDING RESOLUTION NO. 98-
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498 ESTABLISHING A UNIFORM POLICY IMPOSING FEES
FOR THE INSPECTION, EXAMINATION AND DUPLICATION
OF PUBLIC RECORDS PURSUANT TO SECTION 119.07,
FLORIDA STATUTES - ADOPTED
MR. MUDD: The next item is number 12A. It's a
recommendation that the Board of County Commissioners consider
adoption of a resolution superseding resolution number 98-498
establishing a uniform policy, imposing fees for the inspection,
examination, and duplication of public records pursuant to section
119.07, Florida Statutes.
And Mr. JeffKlatzkow, Deputy County Attorney, will present, or
David.
MR. WEIGEL: Yeah, we're going to work in tandem here.
MR. MUDD: Okay.
MR. WEIGEL: Thank you, Jim.
To the board, we brought this back after the discussion you had
at the last meeting relating to revisions and clarifications to the public
records policy to rephrase (phonetic) briefly.
As you know, we had a question concerning advisory committee
members making requests for records. We had discussion in regard to
commissioners making requests for records. We had questions
concerning staff from one department to another department making
requests for records. And the old '98 resolution provided for the
statutory costs and clerical fees that relate to the production of records.
And so there was a question as to the appropriateness of who is
charged for what records when. And staff, I think, was very careful in
the sense, they didn't know when they could not charge under the
resolution, and so that gave us opportunity to come back in a
full-fledged review.
Now, after it was placed in the agenda, Commissioner Henning
raised a question to me, and Jeff is going to assist me. But in
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particular in paragraphs 4 and 5 of this resolution -- and we have
underline and strikethrough -- paragraph 4 is an attempt to provide for
-- provide for the reciprocity -- yeah, go right ahead -- reciprocity of
no charge between county government under the Board of County
Commissioners and municipalities' constitutional officers, fire
districts, things of that sort.
During the appeal process with the sheriff that Jim mentioned
two years ago, there was significant discussion of the board at that
time relating to the cost between the sheriff and the county for public
records. Both of us were making significant demands of the other, and
we both agreed, the sheriff and the county, not to charge each other for
those documents that were needed for data and analysis.
And from that discussion came a discussion relating to other
public entities, such as the school board, municipalities, fire districts.
Part of the discussion came relating to the fact that they are not --
these various entities are not all from the same tax base, that is, but
that has been recognized here, indicating that by written agreement by
agencies that are funded solely by ad valorem taxes, there will be no
charge back and forth.
However the use -- the word solely -- this is in paragraph 4.
Whether the word solely or not is important, it's hard to tell because,
from a practical standpoint, whether it's the sheriff or almost any other
element of government, although they may be funded by ad valorem
taxes, they may get grants or they may have other funds that come in
as well.
Typically those are specifically earmarked and of no particular
moment to what we're talking about here, but there is an attempt to
provide for reciprocity, and it should work out easily ifthere is written
agreement between the two -- the two bodies, whether it's the
constitutional officer, the City of Naples, City of Marco, Everglades,
or fire districts.
Additionally, paragraph 5, I have provided in the handouts and
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November 13,2007
Jeffs going to read briefly, where initially to get past the point of
clarification of charges and clerical fees for advisory committee
members, board members, and staff, I had written it as -- that these are
not to be considered public records requests. But to make it, perhaps,
even clearer, I've provided alternative language that indicates, yes,
these are public records requests, but they're just not subject to the
implementation and charges of this resolution.
And Jeff can read those into the record if you would like.
MR. KLATZKOW: Yes. The difference--
CHAIRMAN COLETTA: One second, Commissioner Henning.
MR. KLATZKOW: The difference between what was in your
executive summary and what's being presented here is in yellow,
pages 2 and pages 3, so that paragraph 5 now reads, the following
public records request shall not be subject to the charges and costs
implemented by this resolution if they are standard operations
conducting business. A, all advisory board members' requests for
records and documents relating to a future committee agenda shall be
made to the County Manager who will assign the appropriate staff to
perform the requested task.
Requirement to make requests of the County Manager does not
apply to the Collier County Planning Commission. Members of that
commission may make requests to the Community Development and
Environmental Services Division staff for records and documents.
B, all requests made by individual members to the Board of
County Commissioners for records and documents relating to the
performance of their official duties shall be made through the County
Manager who will assign the appropriate staff to perform the
requested task.
And C, requests for records and documents between all county
offices when the ultimate authority is the Board of County
Commissioners, it is expected that all such county offices work
together and share records and documents. There will be no charge
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November 13,2007
for the requesting office.
CHAIRMAN COLETTA: Commissioner Henning, did you want
to address something on that particular point?
COMMISSIONER HENNING: Yeah. I like the reso that was
handed out, so I'm going to make a recommendation to approve the
reso that was handed out to the board on the dais.
COMMISSIONER FIALA: I'll second that for discussion.
COMMISSIONER HENNING: Okay.
COMMISSIONER FIALA: Okay. I have --
COMMISSIONER COYLE: That's the same thing we're looking
at right here, right?
COMMISSIONER HENNING: Yes.
COMMISSIONER COYLE: Okay, okay.
MR. WEIGEL: That's correct.
COMMISSIONER FIALA: On number C -- number C, let's see
MR. MUDD: 5C, ma'am?
COMMISSIONER FIALA: Pardon me?
COMMISSIONER HENNING: 5e.
MR. WEIGEL: Probably 5e.
COMMISSIONER FIALA: 5C, yeah.
MR. MUDD: Okay. It's on --
COMMISSIONER FIALA: Who do they request through? It
just shows that -- or it doesn't say through the County Manager.
MR. KLATZKOW: We don't. So if -- that Joe needs something
from my office or I need something from Joe's office, we just
exchange documents.
COMMISSIONER FIALA: Okay. You don't have to request it
through anybody?
MR. KLATZKOW: No.
COMMISSIONER FIALA: Okay. Then I had an email from
somebody on our -- okay -- our advisory board's asking -- wondering,
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November 13,2007
if they didn't want to put a request in through the County Manager. Is
there another way to go about it?
MR. WEIGEL: Well, there could be--
COMMISSIONER HENNING: That's up to us.
MR. WEIGEL: I was going to say, there could be many ways to
go about it, but the idea was the County Manager would be able to
make the determination if, in fact, it was an appropriate request for
records related to an upcoming agenda, things of that nature. That
was the discussion that you'd had in the past, and so it's to provide
kind of a funnel point for that to go through.
COMMISSIONER FIALA: This person felt that, I don't know,
something about the fox and the henhouse, so he was wondering if
there was another way to go about requesting. I'm just asking on the
record.
CHAIRMAN COLETTA: If I'm reading this right, it says the
requirement to make requests through the County Manager does not
apply to the Collier Planning Commission.
COMMISSIONER FIALA: No, but this is an advisory board.
CHAIRMAN COLETTA: Oh. You know, at some point in time
you have to be able to have a control over what's being done with
staffs time. And you know, for some--
COMMISSIONER FIALA: I understand that.
CHAIRMAN COLETTA: That's my biggest concern.
COMMISSIONER FIALA: I know what the reason is behind it,
but, you know, he asked the question so I'm asking the question.
MR. KLATZKOW: Well, I mean, it's up to the board. Another
approach would be, they go to their staff liaison and ask the staff
liaison, you know, to procure the documents for them as well.
COMMISSIONER FIALA: That's a good point. But then is the
staff liaison a -- well, the staff --
MR. WEIGEL: Well, typically the staffliaison is not trained as
much as the County Manager working through the public office with
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November 13, 2007
-- what's her name, Gail--
MR. MUDD: Heather.
MR. WEIGEL: -- pardon me -- Heather Grimshaw. And they
know, you know, how to get the records through IT from the--
because there are all kinds of records that are archived, on campus, off
campus at different staff departments and things of that nature, and
that's where Jim would route it directly through his office there.
Heather.
COMMISSIONER FIALA: Well, yeah, I understand that. But
what I'm saying is, I was just trying to ask this individual's -- answer
this individual's question. I know why we're doing it.
MR. WEIGEL: Okay.
COMMISSIONER FIALA: Just asking.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: May I make a suggestion?
COMMISSIONER FIALA: Sure.
COMMISSIONER HENNING: That you have this advisory
board member call my office if they need a public records request, and
I'll get it for them and they don't have to.
COMMISSIONER FIALA: Okay. That's a great idea.
CHAIRMAN COLETTA: How about every citizen out there
that needs a public records request?
COMMISSIONER COYLE: Well, wait a minute, wait a minute.
Yeah, that's right. You know, you can't do that.
COMMISSIONER FIALA: Oh.
CHAIRMAN COLETTA: Yeah, that supersedes the County
Manager and all sorts of controls. Suppose that request for
information might entail 50 hours of staff time?
COMMISSIONER FIALA: I don't think he even has a problem
with anything. He -- but --
CHAIRMAN COLETTA: You know, it may be nothing more
than a curious type of miscellaneous thing. If it's something the
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November 13, 2007
advisory board --
COMMISSIONER FIALA: I don't even know ifhe's ever asked
for a public records request, to be honest with you.
COMMISSIONER COYLE: What's he asking a question about
then?
COMMISSIONER FIALA: Well, I don't know.
CHAIRMAN COLETTA: Well, I think -- if! may interject. I
think the wrong way to go is for anyone looking for a public
information request to go through a commissioner in such a way to
avoid having to make them payor else be able to have the controls to
be placed upon it, because we have free access to staff time and
everything. Should we make that available to the general public?
But I'll tell you what, on the other hand, as far as I'm concerned,
I'd like to see every public record be on the server where anybody
could access it at any time, including our email questions that come in
and our answers that go out. That would be the easiest way to do it,
and then no one would have to be referred to anyone.
COMMISSIONER FIALA: Right, right, right.
CHAIRMAN COLETTA: I don't know how you get there.
Commissioner Henning?
COMMISSIONER HENNING: Well, my motion stands. I
haven't amended it.
CHAIRMAN COLETTA: Okay. So I think everybody's safe,
and I'm ready to vote.
CHAIRMAN COLETTA: Okay. But explain your motion
again. You want to follow this 100 percent and you want to be able to
refer people to you that want --
COMMISSIONER FIALA: No, no.
COMMISSIONER HENNING: No, I didn't say that.
COMMISSIONER FIALA: He was just making a suggestion.
COMMISSIONER HENNING: I said to approve the resolution
as handed by the County Attorney's Office to the Board of
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Commissioners, and it will be put into the public record.
CHAIRMAN COLETTA: Okay. Well, let's see if there's any
other discussion?
(No response.)
CHAIRMAN COLETTA: None. Okay. With that we have a
motion on the floor. No other discussion.
Seeing none, all those in favor of the motion, indicate by saying
aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0.
MR. WEIGEL: Thank you.
Item #13A
TO CONSIDER THE ADOPTION OF AN ORDINANCE TO
REGULATE SECURITY OF CERTAIN CONVENIENCE STORE
BUSINESSES TO PROTECT THE PHYSICAL SECURITY OF
CONVENIENCE BUSINESS RETAIL EMPLOYEES AND
INDIVIDUALS WHO PATRONIZE SUCH BUSINESSES -
APPROVED
MR. MUDD: Commissioner, the next item is 13A. It used to be
1611. It's request that the Board of County Commissioners consider
the adoption of an ordinance to regulate security of certain
convenience store businesses to protect the physical security of
convenience business retail employees and individuals who patronize
such business.
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November 13,2007
The item was asked to be moved at Commissioner Fiala's
request.
CHAIRMAN COLETTA: Commissioner Fiala --
COMMISSIONER FIALA: Yes.
CHAIRMAN COLETTA: -- we're going to go right to you.
COMMISSIONER FIALA: Yes. I don't know who just stepped
up to the podium.
MR. MOSSIER: I'm Ron Mossier (phonetic), deputy with
Collier County Crime Prevention Unit.
COMMISSIONER FIALA: Okay. Yes, my concern was, this is
-- there's -- I had a bunch of things written down. Would you excuse
me for just a minute. 16G 1.
One of the concerns was, this was really an expensive thing. I
think -- well, from -- they have to -- they have to install a lot of things,
change a lot of things, even hire new people and so forth, and I
thought, being that we're requiring a lot from these people, we should
at least discuss it on an open record.
I think it's great that -- the safety involved. There was no time
frame that I could see. I read all through this. There was no time
frame here that said when they had to comply with this by --
MR. MOSSIER: Just to let you --
COMMISSIONER FIALA: -- or if they could opt out.
MR. MOSSIER: This is just basically a state statute that's
already in existence that they are required to comply with now. All
we're doing is adopting it on a local level to bring the enforcement
here because of problems with state enforcement.
COMMISSIONER FIALA: So our -- is everybody already
required to do that, as you just said? And do they do that?
MR. MOSSIER: Yes and no. Let me try to kind of explain that.
What you have is people that have been trained to do convenience
business inspections, and there's certain things that have been required
by state law that they're supposed to have. Some have done that and
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November 13,2007
some haven't, or some have let it lapse.
One example I can give you is, they obstruct the window where
the sales area is. You cannot see it from the outside. You just go in,
make them take it down.
The majority of the stores already have it. It doesn't apply to all
of them. Out of about -- I think we've got about 80 stores that fall
under this category in this county. There may be 30 of them that
would be required to take the first level. And then once we research
the past two years, if they've had any robberies or certain crimes that
have occurred there, then they have to go to the next level, which is
where they would have to have the second person.
COMMISSIONER FIALA: Okay. So you're saying most
everybody has a security camera and a drop safe already?
MR. MOSSIER: Yes, ma'am.
COMMISSIONER FIALA: A lighted parking lot, window
signage that's clear -- that clears the -- an unobstructed view. Height
markers at the entrance for the --
MR. MOSSIER: On the doors. When you go outside of
7-Eleven or a Hess or anything, you'll see them. They're either
colored or they're colored with numbers. They're already on the
doors.
COMMISSIONER FIALA: Oh, I never knew that.
MR. MOSSIER: What this is not going to apply to, if you read
the ordinance, it also follows the state statute, if it's a family-run
business. These are mainly for stores that are open 24 hours. After 11
p.m. to five a.m., they have to meet certain guidelines.
COMMISSIONER FIALA: I see.
MR. MOSSIER: And then if they have any of the -- you know,
certain crimes, specific crimes that occurred, which are -- just for the
record so you know. Let me find it here. I've got it.
Okay. Ifin the past two years they had a murder, robbery, sexual
battery, aggravated assault, aggravated battery, kidnapping, false
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imprisonment, then they are required to do the enhanced, which is two
employees between 11 and five, should be kept up to date.
Secured safety -- secured safety enclosure, like you remember a
few years back Mobil was building a station, so they built kind of like
a little tomb, or whatever you want to call it, for the -- you know, the
employee to stay in? A lot ofthem didn't, so -- or a lot ofthem hire a
security guard or law enforcement officer, or they lock the premises
between lIP and 5A and they work through a window where they do
a pass-through like a driver's teller window, or they close, you know.
I mean, what we're trying to do is prevent problems.
COMMISSIONER FIALA: Okay. Is there a time frame by
which they must comply?
MR. MOSSIER: Basically, as I stated already, if they are a
convenience store and they fall under these requirements and
definitions, they have to have them. We're not going to go out and
say, you don't have them, you know, we're going to write you -- we're
going to give them probably 30 days and -- depending upon what they
need. Like I said, the majority of them already have cameras.
COMMISSIONER FIALA: All right. So what you're really
doing is just stepping up enforcement of an existing law?
MR. MOSSIER: Let me give you what the example is,
Commissioner. We had a business on the north end of town that was
getting robbed. We said, you've got to put the cameras in, you've got
to get them to work, you've got to have this, you've got to have that.
Yeah, yeah, yeah, yeah.
Okay. They got robbed again. We went back again. We told
them. So we called the state because that's who enforces it. Hey, can
you help us out? Yeah, we'll send them a letter. We sent them a
letter. We had another robbery. They still hadn't done it.
So I mean, I think it was sufficient time that if we had local
enforcement, we could write them a little ticket. Here, pay the money
or do it. You know, you give them a warning first. I mean, we're not
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November 13, 2007
going to go out and hammer them all. That's not the sheriffs, you
know, policy or procedure. You know, let's work with the people,
educate them, because we're going to provide them -- if they don't
have the information, we've got a packet all ready that we'll provide
them with the training and the information that we want them to have.
COMMISSIONER FIALA: Okay. You'd think the first robbery
would have been warning enough, don't you?
MR. MOSSIER: Yeah.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Motion to approve by Commissioner
Fiala, second by Commissioner Coyle.
Any discussion?
COMMISSIONER HENNING: Yes, yes.
CHAIRMAN COLETTA: Commissioner Henning.
COMMISSIONER HENNING: You said out of the -- all the
convenience stores or the businesses that apply, 30 percent is out of
compliance?
MR. MOSSIER: No, no, no. I think maybe you misunderstood
me, sir. We have about 30 of them that would fall under this
ordinance, and --
COMMISSIONER HENNING: Thirty percent of the
businesses?
MR. MOSSIER: No. There's -- we've got about 80 of them. If
you're doing the math, you're probably better than I am. There's about
80 stores that fall under this convenience store per the state
requirements; about 30 of those stores probably would either fall
under this or not, depending on what their hours are and what they
have and what's occurred there.
COMMISSIONER HENNING: Okay. Out of those stores that
don't come into compliance, what's the crime rate there compared to
the ones that do comply?
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November 13,2007
MR. MOSSIER: I don't have them figures with me at this time.
I mean, the ones that are probably going to fall into that category are
the ones in Immokalee, and there's about four stores in Immokalee that
would fall under this.
COMMISSIONER HENNING: Okay. Can you get -- obviously
by your statement is that you do have stats on those ones that don't
comply to the ordinance that you're asking us to approve compared to
the ones that do comply. Can you give the crime rates on those?
MR. MOSSIER: What I would have to do, sir, is to find out
which stores are all-- we have not got all the stores inspected, okay.
Partly, part of the problem is, if you go and inspect them, you tell
them they're not in compliance, you get a letter from the state, or it's
not getting compliance.
COMMISSIONER HENNING: I understand.
MR. MOSSIER: Okay.
COMMISSIONER HENNING: Are we doing this for one store?
MR. MOSSIER: We're doing it for all the stores in the county.
COMMISSIONER HENNING: Well, I know that, but it appears
that you had a problem with one store, and now we want to bring the
local enforcement down through an ordinance.
MR. MOSSIER: It's not because of the one store. We did get the
store to comply, but what we had to do was track down the owner of
the property, who just happened to be a Chicago attorney who came
down and said, you will do this or I'm going to kick you out.
COMMISSIONER HENNING: Okay. Well, the enforcement of
this -- I would like to know how much of a problem it is, so when you
bring it back. The second thing is, we'll probably give them 90 -- 30
days to comply?
MR. MOSSIER: That's reasonable. I mean, you might even give
them more. It just depends on what they need.
COMMISSIONER HENNING: Well, it's not reasonable because
if they have to get a permit or change their Site Development Plan to
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November 13, 2007
comply, it will take longer, and then they have to hire a commercial
contractor to do -- to perform that work, whether it be a camera or
changing the windows or putting in -- over the cash register, except
for another employee. So they need to have more time to comply to
this ordinance. You understand what I'm saying?
MR. MOSSIER: I understand, yes, sir.
COMMISSIONER HENNING: The last thing is, you said you're
going to go back through the records and find out which ones that had
a serious crime to fit that category, that phase two?
MR. MOSSIER: Correct.
COMMISSIONER HENNING: Why can't we do it from this
day forward of this ordinance? If you have a robbery, you'd have to
comply to the phase two instead of going back?
MR. MOSSIER: But we also have the state statute though.
Problem with that is, is trying to get it enforced. That's why we went
-- and we were authorized under Florida State Statute to adopt it under
county ordinance.
COMMISSIONER HENNING: Okay. So you're interpreting
that statute of saying, if you ever had a robbery since 1992 -- I think
that's the statute when it was -- when it was approved?
MR. MOSSIER: No, it's the past two years.
COMMISSIONER HENNING: It's the past two years.
MR. MOSSIER: Yes, sir.
COMMISSIONER HENNING: Okay. Okay. That's fine. I
understand.
CHAIRMAN COLETTA: Okay. Any other comments?
(No response.)
CHAIRMAN COLETTA: All in favor of the motion, indicate by
saymg aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
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November 13, 2007
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The motion passes, 4-1 -- 4-0.
COMMISSIONER HENNING: Thank you.
MR. MOSSIER: Thank you.
Item #13B
BUDGET AMENDMENT PROVIDING $37,000 FOR THE CLERK
OF COURTS TO PROVIDE ACCOUNTING/FINANCIAL
SERVICES FOR THE SUPERVISOR OF ELECTIONS IN FY 08-
APPROVED
MR. MUDD: Commissioner, the next item is 13B. It used to be
16111. It was asked to be brought forward this morning by
Commissioner Coletta before you approved the agenda items, and it
reads: A recommendation to approve a budget amendment providing
$37,000 for the Clerk of Courts to provide accounting/financial
services for the Supervisor of Elections in FY-'08.
Mr. Gary Beauchamp, your deputy for the Supervisor of
Elections Office, will present.
CHAIRMAN COLETTA: Yeah. Let me cut right to the chase.
What was missing was the supporting documentation showing the fact
that Jennifer went out and obtained bids out there for similar services
that the clerk's offering for the 37,000, is it?
MR. BEAUCHAMP: That's correct, 37,000.
CHAIRMAN COLETTA: Yeah, and that was missing in the
package, and I just thought it was something that we really should be
able to see before we voted on it.
MR. BEAUCHAMP: Certainly, I understand. We forwarded
that information at the request of Lisa Resnick to your offices on
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November 13,2007
October 25th. The actual executive summary was put forth by the
budget OMB.
CHAIRMAN COLETTA: But the executive summary didn't
even indicate the fact that this was put out to bid to see if it was a
competitive price we got from the clerk, and there is where the
problem lies. If you have something, if you'd come over to this
podium here, and maybe we could see it on the visualizer and put this
thing to bed.
MR. BEAUCHAMP: Certainly.
CHAIRMAN COLETTA: It was the lack of information is the
reason why I pulled it.
MR. BEAUCHAMP: And Commissioner, or Chairman, what
exactly would you like to see, the letter that we forwarded to OMB
that states that we had no --
CHAIRMAN COLETTA: Well, I'd like to see the bids that you
received asking for a similar service from vendors out there to what
the clerk provides.
MR. BEAUCHAMP: Okay. The -- we submitted requests for
service as requested by the Chairman of the Board of County
Commissioners to several outside firms in the area and did not receive
any acceptable bids. That was in a letter that you were copied on on
September 26th.
CHAIRMAN COLETTA: But I didn't have any ofthe bid
documents. In other words, nobody came back with a -- with a bid,
period.
MR. BEAUCHAMP: Nobody with a full service bid of what
was requested to be bid on. And I can show you what we -- the
services that we asked to be bid on, and no one came back bidding on
all those services. The only bids we received back were on payroll
servIces.
CHAIRMAN COLETTA: And your -- but your letter was
specific in your request that you were looking for a full accounting
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November 13,2007
package from these firms?
MR. BEAUCHAMP: Yes, we did, and also asked for a
particular software that -- or programs that would be used that we
could integrate into -- if we got separate payroll bids and accounting
bids, that we could integrate the two so that we could have one
package. And the only bids that we received were on payroll services.
I will show you the letter that was sent out, and then also the grid
of services requested.
CHAIRMAN COLETTA: And also, too, the amount of the bid,
when you -- just for comparison sakes. The bids that you did receive
back just for payroll, payroll consists of what part of the package, like
50 percent, 20 percent?
MR. BEAUCHAMP: Based on the clerk's analysis of just
payroll -- they don't have it broken down for payroll processing. They
have just actually the cost of payroll checks. The payroll check, 26,
payroll checks at $6 apiece, and then 500 direct deposits. I'm
presuming at $6 apiece, too, so that would be -- what's that --
CHAIRMAN COLETTA: But let me ask staff. Can someone
from staff tell me if we covered everything -- if the elections office
covered everything as far as how they went about looking for the bid?
If they have, then as far as I'm concerned, this here, I'm going to make
a motion for approval.
Can anybody on my staff, County Manager's staff?
MR. MUDD: No. It's not -- Supervisor of Elections Office is a
separate constitutional officer.
CHAIRMAN COLETTA: I understand that, but we're giving
them funds from the -- we're giving them money from the general
fund.
MR. MUDD: Yes, sir.
CHAIRMAN COLETTA: In other words, it's not something we
should scrutinize?
MR. BEAUCHAMP: Chairman, I would like you to see the grid
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November 13,2007
of services that we requested in addition to the letter that's on the
visualizer right now. The only thing that was not included of services
that were required by the Supervisor of Elections Office was the
investment portion of the funds. But I'd like -- we have the letter that
was sent out to local services.
CHAIRMAN COLETTA: Yeah. And I'm sorry to interrupt you.
MR. BEAUCHAMP: That's okay.
CHAIRMAN COLETTA: Forgive me. I've still got a question
of the County Manager. I haven't got an answer. Am I wrong in
pursuing this? Is this something that I'm not supposed to touch? Is it
beyond the purview of the county commission to make questions or
inquiries like this?
MR. MUDD: No, sir. You're perfectly right to ask the questions
that you're asking, okay, and that -- it's the budget that you approve for
the constitutional officers. Part of the budget for '08 on the last
hearing in September, the Supervisor of Elections came forward and
basically said they needed to amend their budget by some $37,000.
I believe the board at that time basically told the Supervisor of
Elections to go out there and make sure it's a comparable bid before
you award and come back to the Board of County Commissioners for
that particular issue.
In September -- I forget the date -- but it's in your backup
documentation, we received a letter from Jennifer Edwards. The
Supervisor of Elections basically said she had gone out for bid and
that she couldn't find a bidder that was below what she was given by
the Clerk of Courts for a particular operation.
And I believe Mr. Beauchamp basically has put on the record just
now that there has been no bidder that came across to bid on the
particular services that was complete, so he was basically stuck with
the quote that he got from the Clerk of Court.
MR. BEAUCHAMP: That is correct. Nobody came in offering
all the services. That currently is on the visualizer. The grid was
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November 13, 2007
backup of the services required. We would see -- you would see the
last column to your right would be completed by the service, and that
is separate and apart from any auditing or financial statement that
would have been performed by the auditing organization. And no one
came back bidding on all these services.
CHAIRMAN COLETTA: Okay. Under the -- by the clerk,
completed by the clerk, it's only got one check mark.
MR. BEAUCHAMP: That's correct. For the bid -- for the
process when we went out there, the only thing that was left is
responsibility of the clerk under Florida Statute is that they transfer
funds to our account, and that would be the only function left. We
wanted to enumerate that so that it was clear that we didn't expect the
accounting service to do any type of receivable, if you will, to go get
the money. Under statute, the Clerk of Courts is responsible for
transferring percentages, either a 25 percent every quarter or 100
percent of our budget, to the -- our accounts so that we can go ahead
and conduct business.
CHAIRMAN COLETTA: Okay. In simple terms, would you
say that we're getting the very best possible buy we can get for the
taxpayers' money by keeping the contract with the clerk?
MR. BEAUCHAMP: My -- in my opinion, yes, and in Jennifer
Edwards', Supervisor of Elections opinion, yes. We have a
relationship with the clerk, and we're very satisfied with that
relationship.
But based on your request, if we had found something better, to
be honest with you, we probably would have switched. Nothing came
forward so we're very satisfied with the services we've received from
the Clerk of Court.
CHAIRMAN COLETTA: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Motion to approve by Commissioner
Coletta, second by Commissioner Fiala.
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November 13,2007
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0. Thank you
very much.
MR. BEAUCHAMP: Thank you, Chairman.
CHAIRMAN COLETTA: Oh, while I've got you right there.
This is a good time to be able to get it out to the public about early
voting in the election on the 20th, I believe it is, the regular election
day.
MR. BEAUCHAMP: Yes.
CHAIRMAN COLETTA: If you would, please, times and
locations.
MR. BEAUCHAMP: I wanted to remark on the fact that you
early-voted today here at county location. The Supervisor of Elections
Office is open for early voting and the Golden Gate Library is open
for early voting, 10-6, Monday or -- it started yesterday, through this
Saturday. It's six days' worth of early voting. Again, 10 to 6.
As many residents know, that the parking is virtually zero at the
Golden Gate Library there on Coronado Way (sic). Facilities has
cooperated with us, and we're running a shuttle from the parking lot at
the community center over to early voting, a golf cart, so that people
can park over there and come and early vote.
The election is on the 27th -- excuse me -- on the 20th of
November. Polls open from seven a.m. to seven p.m. Unlike early
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November 13, 2007
voting, you must vote in your precinct on election day, but early
voting is non-geographic, so anybody can vote anywhere at either one
of the two sites. Again, 10 to 6 through Saturday.
CHAIRMAN COLETTA: Of course, those people that can vote
are those that are in representative District 101.
MR. BEAUCHAMP: That's correct, eligible voters in District
101. That's the only people that are participating in this election.
CHAIRMAN COLETTA: Thank you, sir. Appreciate you being
here.
MR. BEAUCHAMP: Thank you.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. MUDD: Commissioner, that brings us to Staff and
Commissioner General Communications.
CHAIRMAN COLETTA: Okay. Anything from the County
Manager?
MR. MUDD: No, sir.
CHAIRMAN COLETTA: County Attorney?
MR. WEIGEL: No, thank you.
CHAIRMAN COLETTA: Okay. Let's go right down the line
there. Commissioner Henning?
COMMISSIONER HENNING: Yeah. I'll take up the time. The
Board of County Commissioners gave staff direction to amend the
litter ordinance to remove downed vegetation and trees in residential
lots that exceed one acre in size.
I've asked them to hold off on that for the reason, simple reason
is, is the commissioner (sic) interested in allowing compo sting on
those larger lots?
I received an email from a lady in -- used to be my district, but
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November 13, 2007
now it's Commissioner Coyle's district -- Coconut Estates.
COMMISSIONER FIALA: Coconut Circle?
COMMISSIONER HENNING: Coconut River Estates.
Anyways, they have been composting for many years, starting when
they used to live in Pennsylvania, and they would like to continue that.
Should we give direction to the County Attorney's Office to
amend that to include compo sting?
CHAIRMAN COLETTA: I got no problem with it.
COMMISSIONER FIALA: I don't have a problem with it either.
COMMISSIONER HENNING: Okay. And if! could just -- we
want to make sure it's confined outside the setbacks. In other words, it
can't be into the setbacks; is that okay?
COMMISSIONER FIALA: Not in your neighbor's yard?
COMMISSIONER HENNING: Yes, absolutely, on your
property .
The second thing is, Gerald Lefebvre was a candidate for District
101. He was on the Code Enforcement Board. He did resign from the
Code Enforcement Board.
It has been advertised. I know that the Code Enforcement Board
is short because of a health problem of another member, and I want to
know if we can deviate from that.
MS. FILSON: I have that on the agenda for the 27th.
COMMISSIONER HENNING: Oh, okay.
MS. FILSON: So I hope that helps.
COMMISSIONER HENNING: Yeah, you're great, Sue. You're
absolutely great.
The next thing, and the final thing is, Commissioner Coletta said
that Frank Halas is -- represents the board on the F AC, Florida
Association of Counties.
CHAIRMAN COLETTA: Well, that may not be totally correct,
but he does represent us in the fact that he is a director on the Florida
Association of Counties.
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November 13,2007
COMMISSIONER HENNING: Okay. Well, with that
clarification.
CHAIRMAN COLETTA: You need clarification on that?
COMMISSIONER HENNING: Well, yeah, because if I go up
there, do I need to have him speak for me?
CHAIRMAN COLETTA: Well, you know something, you
better talk to the County Attorney because I was told not to participate
in a group discussion of the policy committee because Commissioner
Halas was going to be there, and it could cause a possible conflict of
interest. So you may want to weigh that in your decisions when you
go and what you participate in.
COMMISSIONER HENNING: Okay. But he doesn't represent
me as a voice or a participate on the F AC.
CHAIRMAN COLETTA: No, not officially where you
represented him as that, but he does take the time to go there, and we
appreciate --
COMMISSIONER HENNING: Sure.
CHAIRMAN COLETTA: -- him giving of his time freely to do
so.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Okay?
COMMISSIONER HENNING: That's it.
COMMISSIONER FIALA: Did that answer your question?
COMMISSIONER HENNING: Somewhat.
CHAIRMAN COLETTA: Commissioner Fiala, the floor's yours.
COMMISSIONER FIALA: Happy Thanksgiving, everyone.
That's it.
CHAIRMAN COLETTA: That sounds good.
Commissioner Coyle?
COMMISSIONER COYLE: Nothing from me.
CHAIRMAN COLETTA: Okay. And the only thing I've got to
say to this group today is, you're adjourned.
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November 13,2007
****Commissioner Halas moved, seconded by Commissioner
Fiala and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE OF THE WATER AND UTILITY
FACILITIES FOR ANDALUCIA
Item #16A2
FINAL AND UNCONDITIONAL CONVEYANCE OF THE
WATER UTILITY FACILITY FOR THE MEADOWS AT QUAIL
CREEK - W/RELEASE OF ANY UTILITIES PERFORMANCE
SECURITY
Item # 16A3
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR INDIGO PRESERVE - W/RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY
Item #16A4
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITY
FOR REGENCY AUTOHAUS - W/RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY
Item # 16A5
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR HERITAGE BA Y ROAD AND SALES
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November 13,2007
TRAILER - W /RELEASE OF ANY UTILITIES PERFORMANCE
SECURITY
Item #16A6
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR GUSTO BELLA VITA - W/RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY
Item #16A7
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR SANTORINI VILLAS - W/RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY
Item #16A8
RECORDING THE FINAL PLAT OF SANDAL WOOD,
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND THE AMOUNT OF
THE PERFORMANCE SECURITY - W/STIPULATIONS
Item # 16A9
RELEASE AND SATISFACTIONS OF LIEN FOR PAYMENTS
RECEIVED FOR THE FOLLOWING CODE ENFORCEMENT
ACTIONS - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A10
REPLACEMENT OF AN EXISTING SUBORDINATION
ACKNOWLEDGEMENT FOR A LIEN HELD BY COLLIER
Page 239
November 13,2007
COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE
NO. 2003-61 DUE TO A CHANGE IN LENDER - A
SUBORDINATION ACKNOWLEDGEMENT W/MORGAN
STANLEY CAPITAL HOLDINGS, LLC WILL REPLACE THE
ORIGINAL EXISTING ACKNOWLEDGEMENT W/ORION
BANK
Item #16A11
IMPACT FEE REIMBURSEMENT FOR DAVIS CROSSINGS
VIII, LLC TOTALING $302,326.84, DUE TO THE
OVERPAYMENT OF TRANSPORTATION IMPACT FEES-A
COA WAS APPLIED FOR PRIOR TO JUNE 30, 2006 WHEN A
RATE INCREASE OF IMPACT FEES WENT INTO EFFECT
Item #16A12
PETITIONER IRVINE DUBOW REQUESTING APPROVAL OF
AN ACCESS AGREEMENT TO PERMIT A 5.7-FOOT WIDE
(TAPERING TO 0.5 FEET) ENCROACHMENT INTO A TEN-
FOOT DRAINAGE EASEMENT IN ORDER TO REBUILD A
SCREEN CAGE ENCLOSURE FOR PROPERTY LOCATED AT
5901 ALMADEN DRIVE, DESCRIBED AS THE VINEYARDS
SONOMA LAKE SUBDIVISION, UNIT 1, LOT 26, IN SECTION
8, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16B1
CHANGE ORDER #4 TO ADD $726,246.00 FOR CONTINUING
INSPECTION SERVICES FOR AIM ENGINEERING &
Page 240
November 13, 2007
SURVEYING, INC. UNDER ITN 04-3583 CEI SERVICES FOR
COLLIER COUNTY ROAD PROJECTS FOR PROJECT NO.
63051 V ANDERBIL T BEACH ROAD FROM AIRPORT ROAD
TO COLLIER BOULEVARD - FOR A CURRENT COMPLETION
DATE OF MAY 12.2008
Item #16B2
THE PURCHASE OF 2.5 ACRES OF IMPROVED PROPERTY
(PARCEL NO. 199) OF WHICH APPROXIMATELY 0.379
ACRES IS REQUIRED FOR THE CONSTRUCTION OF THE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO.
60168 (FISCAL IMPACT: $406,600.00) - FOR PARCEL NO. 199
LOCATED AT 590 12TH AVENUE NW. NAPLES
Item #16B3
RESOLUTION 2007-310: AUTHORIZING THE CHAIRMAN TO
EXECUTE AMENDMENT NO.1 TO FLORIDA DEPARTMENT
OF TRANSPORTATION JOINT PROJECT AGREEMENT FM
#195403-2, INCREASING THE FUNDING AVAILABLE FOR
ETHERNET CONVERSION AND EXTENDING THE PROJECT
DEADLINE TO JUNE 30. 2008
Item # 16B4
RELEASE OF 50% OF RET AINAGE IN EXCHANGE FOR
DISMISSAL WITH PREJUDICE OF THE CLAIM FOR
RETAINAGE PLUS ACCRUED INTEREST AND COSTS FILED
IN THE LAWSUIT ENTITLED JOHN CARLO, INe., VS.
COLLIER COUNTY, FLORIDA, CASE NO. 07-2797-CA - IN
THE AMOUNT OF $1,060,061.77 FOR THE SIX-LANING OF
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November 13, 2007
IMMOKALEE ROAD FROM US-41 TO 1-75
Item #16B5
AWARD BID NO. 08-5000, VICTORIA PARK WEST
STORMW A TER OUTFALL IMPROVEMENTS TO MITCHELL &
STARK CONSTRUCTION CO. INC. IN THE AMOUNT OF
$427,310.00; PROJECT 511371 - FOR REPLACING THE
EXISTING CANAL DRAINAGE SYSTEM LOCATED ON THE
SOUTH SIDE OF THE WESTERN HALF OF THE VICTORIA
PARK WEST SUBDIVISION
Item # 16B6
A DESIGN MODIFICATION TO THE INTERCHANGE OF 1-75
AND IMMOKALEE ROAD - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16B7
FDOT RESOLUTION 2007-3111RESOLUTION 2007-312:
AUTHORIZING A HIGHWAY BEAUTIFICATION GRANT
APPLICATION SUBMITTED BY FIDDLER'S CREEK CDD #1
TO THE STATE OF FLORIDA HIGHWAY BEAUTIFICATION
COUNCIL FOR LANDSCAPING ON CR 951 (MANATEE ROAD
TO MAINSAIL DRIVE) IN UNINCORPORATED COLLIER
COUNTY; APPROVING AND ACCEPTING THE FIDDLER'S
CREEK CDD #1 APPLICATION FOR THE GRANT AND IF
A WARDED TO ENTER INTO A LANDSCAPE CONSTRUCTION
AND MAINTENANCE MEMORANDUM WITH THE FIDDLER'S
CREEK CDD #1 TO MAINTAIN THAT PORTION OF
LANDSCAPING
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November 13,2007
Item #16C1
RESOLUTION 2007-313: BCC AS EX-OFFICIO OF THE
GOVERNING BOARD OF THE COLLIER COUNTY W ATER-
SEWER DISTRICT, TO SUBORDINATE ITS UTILITY
EASEMENT RIGHTS ALONG U.S. 41, SECTION NO. 03010-
2542, TO FLORIDA DEPARTMENT OF TRANSPORTATION
FOR PURPOSES OF ROAD CONSTRUCTION - THE 15 FOOT
EASEMENT WILL BE USED FOR THE PROPOSED FDOT
IMPROVEMENTS ON U.S. 41
Item # 16C2
AWARD BID # 07-4191 "ANNUAL CONTRACT FOR
EMERGENCY & SCHEDULED SEWAGE HAULING" TO
SOUTHERN SANITATION, INe. IN THE ESTIMATED
AMOUNT OF $70,000 - TO HELP MEET DEMAND BY
ASSISTING WITH THE MAINTENANCE OF COLLIER
COUNTY'S 700 SEWER LIFT STATIONS
Item # 16C3
BUDGET AMENDMENT TO TRANSFER FUNDS IN THE
AMOUNT OF $900,000 FROM EAST CENTRAL WATER
RECLAMATION FACILITY PROJECT TO THE NORTHEAST
IRRIGATION QUALITY PIPELINE PROJECT, TO FUND
SUBSEQUENT CHANGE ORDER #08 TO TRANSPORTATION
CONTRACTS WITH APAC SOUTHEAST, INe. #02-3419
IMMOKALEE ROAD SIX LANE WIDENING FROM CR951 TO
43RD AVENUE NE AND JOHNSON ENGINEERING
CONTRACT 04 -3583 PROFESSIONAL CEI SERVICES FOR
IMMOKALEE ROAD SIX LANE WIDENING FROM CR951 TO
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November 13,2007
43RD A VENUE NE TO INSTALL 9,720 LINEAR FEET OF
IRRIGATION QUALITY PIPE FROM COLLIER BOULEVARD
TO THE EAST ALONG IMMOKALEE ROAD, PROJECT 74311 -
TO DELIVER IRRIGATION QUALITY WATER TO
CUSTOMERS IN THE NORTHEAST SECTION OF THE
COUNTY IN CONJUNCTION WITH THE PLANNED
IMMOKALEE ROAD WIDENING PROJECT
Item # 16C4
A COMMERCIAL DEMAND REDUCTION RIDER (CDR)
AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY
(FP&L) FOR ELECTRICAL SERVICE TO THE SOUTH COUNTY
REGIONAL WATER TREATMENT PLANT (SCRWTP)
REVERSE OSMOSIS TREATMENT SYSTEM FOR A
POTENTIAL ANNUAL SAVINGS OF MORE THAN $70,000
Item #16C5
THE PURCHASE AND INSTALLATION OF FOUR ALLEN-
BRADLEY VARIABLE FREQUENCY DRIVES IN THE
AMOUNT OF $464,585.00 FOR THE CARICA PUMP STATION
VFD AND ELECTRICAL SYSTEM UPGRADES, PROJECT
NUMBER 710601- TO MEET DEMAND AND OPERATIONAL
NEEDS
Item # 16C6
AWARD BID NO. 08-5010 TO JWC ENVIRONMENTAL FOR
THE PURCHASE OF TWO REPLACEMENT CHANNEL
SCREEN SYSTEMS AT THE SOUTH COUNTY WATER
RECLAMATION FACILITY IN AN AMOUNT NOT TO EXCEED
Page 244
November 13,2007
$370,250.00 UNDER PROJECT NO. 73969 - TO MAINTAIN
CRITICAL EQUIPMENT AND MEET WASTEWATER
DEMANDSATTHESCWRF
Item #16D1
LIEN AGREEMENT WITH MARCO BAY HOMES, LLC
(BUILDER) AND COLLIER COUNTY HOUSING
DEVELOPMENT CORPORATION (DEVELOPER) FOR
DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT
LOCATED AT PARCEL 73 EAST, COPELAND - IN THE
AMOUNT OF $12,942.29
Item # 16D2
LIEN AGREEMENT WITH HABIT A T FOR HUMANITY OF
COLLIER COUNTY, INe. (DEVELOPER) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
131. TRAIL RIDGE. NAPLES - IN THE AMOUNT OF $19.372.46
Item #16D3
LIEN AGREEMENT WITH HABIT A T FOR HUMANITY OF
COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMPACT FEES FORAN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
132, TRAIL RIDGE. NAPLES - IN THE AMOUNT OF $19.372.46
Item # 16D4
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November 13, 2007
LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMPACT FEES FORAN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
133, TRAIL RIDGE, NAPLES - IN THE AMOUNT OF $19.372.46
Item #16D5
LIEN AGREEMENT WITH HABIT A T FOR HUMANITY OF
COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
134, TRAIL RIDGE. NAPLES -' IN THE AMOUNT OF $19.372.46
Item # 16D6
LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMPACT FEES FORAN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
135, TRAIL RIDGE, NAPLES - IN THE AMOUNT OF $19,372.46
Item # 16D7
LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
136, TRAIL RIDGE. NAPLES - IN THE AMOUNT OF $19.372.46
Item #16D8
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November 13,2007
LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF
COLLIER COUNTY, INe. (DEVELOPER) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMPACT FEES FORAN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
137, TRAIL RIDGE, NAPLES - IN THE AMOUNT OF $19.372.46
Item # 16D9
LIEN AGREEMENT WITH HABIT A T FOR HUMANITY OF
COLLIER COUNTY, INe. (DEVELOPER) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
138, TRAIL RIDGE, NAPLES - IN THE AMOUNT OF $19.372.46
Item #16D10
LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF
COLLIER COUNTY, INe. (DEVELOPER) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
155, TRAIL RIDGE, NAPLES - IN THE AMOUNT OF $19.372.46
Item #16Dl1
LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMPACT FEES FORAN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
156, TRAIL RIDGE. NAPLES - IN THE AMOUNT OF $19.372.46
Item #16D12
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November 13, 2007
CHANGE ORDER NO.1 IN THE AMOUNT OF $85,900 FOR
ADDITIONAL DESIGN SERVICES FOR BIG CORKSCREW
ISLAND REGIONAL PARK (AlK! A ORANGETREE REGIONAL
PARK) UNDER WORK ORDER NO. WMI-FT-3290-06-03 TO
WILSON MILLER - TO INCLUDE REVISIONS TO THE
MAINTENANCE AND RESTROOM FACILITIES, THE
ADDITION OF SOCCER FIELDS AND A PARKING LOT TO
ACCOMMODATE A FUTURE BOAT RAMP; PROJECT IS
SCHEDULED FOR COMPLETION ON JULY 3, 2011
Item #16D13
PRESENT TO THE BOARD OF COUNTY COMMISSIONERS A
SUMMARY OF THE IMP ACT FEE DEFERRAL AGREEMENTS
RECOMMENDED FOR APPROVAL IN FY08, INCLUDING THE
TOTAL NUMBER OF AGREEMENTS APPROVED, THE TOTAL
DOLLAR AMOUNT DEFERRED AND THE BALANCE
REMAINING FOR ADDITIONAL DEFERRALS IN FY08 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D14
LIEN AGREEMENT WITH LENNAR HOMES LLC
(DEVELOPERS) FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMP ACT FEES FOR AN 8 UNIT OWNER-OCCUPIED
AFFORDABLE MULTI-FAMILY HOUSING UNITS LOCATED
ON A PARCEL OF LAND IN SECTION 23, TOWNSHIP 48
SOUTH, RANGE 26 EAST COLLIER COUNTY, TRACT E,
HERITAGE BAY COMMONS (9055 GERVAIS CIRCLE) AND
AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY
THE DEVELOPER ON BUILDING PERMIT 2007041638 IN THE
AMOUNT OF $146,064.64
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November 13,2007
Item #16D15
A LIEN AGREEMENT WITH LENNAR HOMES LLC
(DEVELOPERS) FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR A 10 UNIT OWNER-OCCUPIED
AFFORDABLE MULTI-FAMILY HOUSING UNITS LOCATED
ON A PARCEL OF LAND IN SECTION 23, TOWNSHIP 48
SOUTH, RANGE 26 EAST COLLIER COUNTY, TRACT E,
HERITAGE BAY COMMONS (9051 GERVAIS CIRCLE) AND
AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY
THE DEVELOPER ON BUILDING PERMIT 2007061061 IN THE
AMOUNT OF $184,888.18
Item #16D16
LIEN AGREEMENT WITH LEONARDO DIAZ P ARET AND
RISELDA DIAZ LUJAN (OWNERS) FOR DEFERRAL OF 100%
OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
117, TRAIL RIDGE. NAPLES - IN THE AMOUNT OF $19.372.52
Item #16D17
AN AGREEMENT BETWEEN COLLIER COUNTY PARKS AND
RECREATION AND THE EARLY LEARNING COALITION AND
TO AUTHORIZE THE DIRECTOR OF PARKS AND
RECREATION TO SIGN IN SUBSEQUENT YEARS - THE ONE
YEAR AGREEMENT WILL PROVIDE CHILDCARE FOR
QUALIFIED CHILDREN ATTENDING PRESCHOOL, SUMMER
CAMP AND AFTER SCHOOL PROGRAMS
Item #16D18
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November 13, 2007
SUBMITTAL OF A UNIVERSITY OF FLORIDA FAMILY
NUTRITION PROGRAM GRANT IN THE AMOUNT OF $208,895
TO PROVIDE NUTRITION EDUCATION THROUGHOUT
COLLIER COUNTY - SERVING LOW INCOME PERSONS IN
COLLIER COUNTY
Item #16D19
LIEN AGREEMENT AND TRI-PARTY AGREEMENT WITH
CRESTVIEW PARK II, LTD. (DEVELOPER) FOR DEFERRAL
OF 100% OF COLLIER COUNTY IMPACT FEES, IN THE
AMOUNT OF $1,208,596.45, FORA 96 UNIT MULTI-FAMILY
AFFORDABLE RENTAL HOUSING PROJECT LOCATED AT
CRESTVIEW PARK APARTMENTS, PHASE II. IMMOKALEE
Item #16D20
A LIEN AGREEMENT WITH DEZILIA VITAL (OWNER) FOR
DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT
LOCATED AT LOT 19, TRAIL RIDGE, NAPLES - IN THE
AMOUNT OF $19.372.52
Item #16D21
RESOLUTION 2007-314: AN AGREEMENT WITH THE
SCHOOL DISTRICT OF COLLIER COUNTY FLORIDA AND
THE BOARD OF COUNTY COMMISSIONERS FOR THE
CONSTRUCTION OF A UTILITY BUILDING AND CHILLER
PLANT FOR THE IMMOKALEE CAREER CENTER (ICC)
Item # 16D22
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November 13,2007
A LIEN AGREEMENT WITH FRESNEL GABRIEL AND
SOLANGE GABRIEL (OWNERS) FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
125, TRAIL RIDGE. NAPLES - IN THE AMOUNT OF $19.372.52
Item # 16D23
LIEN AGREEMENT WITH VIVIAN ALONSO (OWNER) FOR
DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT
LOCATED AT LOT 127, TRAIL RIDGE, NAPLES - IN THE
AMOUNT OF $19.372.52
Item #16D24
LIEN AGREEMENT WITH LENNAR HOMES LLC
(DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMP ACT FEES FOR AN 8 UNIT OWNER-OCCUPIED
AFFORDABLE MULTI-FAMILY HOUSING UNITS LOCATED
IN A PARCEL OF LAND IN SECTION 23, TOWNSHIP 48
SOUTH, RANGE 26 EAST COLLIER COUNTY, TRACT E,
HERITAGE BAY COMMONS (9059 GERVAIS CIRCLE) - IN
THE AMOUNT OF $146,064.64
Item #16D25
A SUBRECIPIENT AGREEMENT PROVIDING DISASTER
RECOVERY INITIATIVE(DRI) FUNDING IN THE AMOUNT OF
$415,000.00 TO ONE BY ONE LEADERSHIP FOUNDATION
FOR INFILL IN ORDER TO SUPPORT THE CONSTRUCTION
OF HOUSING UNITS - FOR REBUILDING THREE OWNER
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November 13,2007
OCCUPIED SINGLE FAMILY HOMES IN IMMOKALEE TO
REPLACE THOSE DAMAGED BY HURRICANE WILMA
Item #16D26
A SUB RECIPIENT AGREEMENT PROVIDING DISASTER
RECOVERY INITIA TIVE(DRI) FUNDING IN THE AMOUNT OF
$293,934.00 TO ST. MATTHEWS HOUSE, INC. FOR
HURRICANE HARDENING OF IT' S SHELTER - FOR THE
REPLACEMENT OF FIFTY-ONE IMPACT RESISTANT
WINDOWS, FIVE IMPACT RESISTANT SLIDING GLASS
DOORS AND THE INST ALLA TION OF A GENERA TOR
Item #16D27
A SUB RECIPIENT AGREEMENT PROVIDING FOR A $442,000
STATE HOUSING INITIATIVE PROGRAM (SHIP) LOAN TO
EDEN GARDENS APARTMENTS, LIMITED PARTNERSHIP, A
FLORIDA LIMITED PARTNERSHIP TO ASSIST IN FUNDING
THE CONSTRUCTION OF A 55 UNIT, MUL TI-F AMIL Y
RENTAL HOUSING COMPLEX FOR LEGAL MIGRANT AND
SEASONAL F ARMWORKERS IN IMMOKALEE
Item #16D28
A HOME INVESTMENT PARTNERSHIP PROGRAM (HOME)
SUBRECIPIENT AGREEMENT WITH BIG CYPRESS HOUSING
CORPORATION PROVIDING FOR A GRANT IN THE TOTAL
AMOUNT OF $250,000.00 FOR THE CONSTRUCTION AND/OR
INSTALLATION OF FIRE SPRINKLERS FOR A 55-UNIT,
MULTI-FAMILY RENTAL HOUSING COMPLEX (THE
RESERVE AT EDEN GARDENS) FOR LEGAL MIGRANT AND
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November 13,2007
SEASONAL FARM WORKERS IN IMMOKALEE
Item #16D29
A SUB RECIPIENT AGREEMENT PROVIDING A COMMUNITY
DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF
$250,000 TO FUN TIME EARLY CHILDHOOD ACADEMY,
INC., FOR SITE DEVELOPMENT IN PREPARATION FOR
CONSTRUCTION OF A NEW FUN TIME EARLY CHILDHOOD
ACADEMY WITHIN THE GEORGE WASHINGTON CARVER
AND RIVER PARK COMMUNITIES IN THE CITY OF NAPLES
- FOR A NEW FACILITY LOCATED AT 102 12TH STREET
NORTH SCHEDULED FOR COMPLETION BY JUNE. 2008
Item #16D30
A SUBRECIPIENT AGREEMENT PROVIDING DISASTER
RECOVERY INITIA TIVE(DRI) FUNDING IN THE AMOUNT OF
$664,000.00 TO IMMOKALEE NON-PROFIT HOUSING, INC.,
FOR HURRICANE HARDENING TO THE SANDERS PINES
AND TIMBER RIDGE RENTAL APARTMENT COMPLEXES IN
IMMOKALEE - FOR THE PURCHASE OF HURRICANE
RESIST ANT HIGH IMP ACT WINDOWS AND TO REPLACE
FENCING
Item #16D31
A LIEN AGREEMENT WITH MARCO BAY HOMES, LLC
(BUILDER) AND CDJ INVESTMENTS, LLC (DEVELOPER) FOR
DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT
LOCATED AT WEST 75 OF THE EAST 150 OF TRACT 23, UNIT
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November 13,2007
47, GOLDEN GATE ESTATES - IN THE AMOUNT OF
$19.173.98
Item #16D32
A LIEN AGREEMENT WITH MARCO BAY HOMES, LLC
(BUILDER) AND CDJ INVESTMENTS, LLC (DEVELOPER) FOR
DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT
LOCATED AT EAST 75 OF THE EAST 150 OF TRACT 40, UNIT
79, GOLDEN GATE ESTATES - IN THE AMOUNT OF
$19.173.98
Item #16D33
A SUB RECIPIENT AGREEMENT PROVIDING DISASTER
RECOVERY INITIATIVE (DRI) FUNDING IN THE AMOUNT
OF $374,545.00 TO THE EMPOWERMENT ALLIANCE OF
SOUTHWEST FLORIDA, INC., FOR INFRASTRUCTURE TO
SUPPORT CONSTRUCTION OF 15 SINGLE-FAMILY HOMES
IN IMMOKALEE, TO BE KNOWN AS HATCHERS PRESERVE,
INTENDED FOR LOW INCOME, FIRST TIME HOME BUYERS
AND FAMILIES DISPLACED BY HURRICANE WILMA - FOR
A FINAL COMPLETION DATE OF NO LATER THAN APRIL 30,
2009
Item #16D34
A SUB RECIPIENT AGREEMENT PROVIDING A COMMUNITY
DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF
$116,079.00 TO THE CITY OF NAPLES TO FUND
IMPROVEMENTS TO THE GEORGE WASHINGTON CARVER
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November 13,2007
AND RIVER PARK COMMUNITIES AND THE FUN TIME
EARLY CHILDHOOD ACADEMY - FOR THE PURCHASE OF
PLAYGROUND EQUIPMENT AT THE FUNTIME ACADEMY
(102 12TH STREET N.); REPAIR WORK ON CANALS IN THE
RIVER PARK NEIGHBORHOOD AND FOR THE
INSTALLATION OF POLICE SURVEILLANCE EQUIPMENT TO
DETER DRUG ACTIVITY IN THOSE COMMUNITIES
Item #16D35
A SUB RECIPIENT AGREEMENT PROVIDING A COMMUNITY
DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF
$1,000,000 TO HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC. FOR INSTALLATION OF INFRASTRUCTURE
TO SUPPORT 204 HOME SITES FOR KAICASA PHASE I IN
IMMOKALEE - FOR VERY-LOW INCOME SERVICE AND
AGRICUL TURAL WORKERS LIVING IN COLLIER COUNTY,
SCHEDULED FOR COMPLETION IN DECEMBER. 2009
Item #16D36
A SUB RECIPIENT AGREEMENT PROVIDING DISASTER
RECOVERY INITIATIVE (DRI) FUNDING IN THE AMOUNT
OF $124,923.00 TO THE COLLIER COUNTY HOUSING
DEVELOPMENT CORPORATION FOR PURCHASE AND
INSTALLATION OF TWO BACK-UP GENERATORS FOR THE
SEWER LIFT STATION AND THE WATER TREATMENT
PLANT IN COPELAND - BENEFITTING LOW-INCOME
RESIDENTS OF COPELAND
Item #16D37
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November 13,2007
DOMESTIC ANIMAL SERVICES DONATION TRUST FUND
BUDGET AMENDMENT IN THE AMOUNT OF $8,600 TO
RECOGNIZE CARRY- FORWARD REVENUES FROM FY2007-
RECEIVED FROM FUND RAISING AND TO APPROPRIATE
EXPENDITURES FOR THE HOWL-A-DA Y JUBILEE SPECIAL
EVENT BENEFIT, NOVEMBER 17,2007
Item #16El - Moved to Item #10F
Item # 16E2
A LEASE AGREEMENT FOR THE EXISTING CONFINED
SPACE GAS MONITOR SYSTEM COUNTYWIDE THAT WILL
RESULT IN A SAVINGS OF APPROXIMATELY $27,212.64 TO
THE COUNTY, AS COMPARED TO CURRENT PROGRAM
COSTS - FOR AN AGREEMENT WITH INDUSTRIAL
SCIENTIFIC CORPORATION USED FOR SAFEGUARDING
EMPLOYEES WORKING IN HAZARDOUS ATMOSPHERES
Item # 16E3
HAZARD MITIGATION GRANT PROGRAM (HMGP)
AGREEMENT BETWEEN THE STATE OF FLORIDA DIVISION
OF EMERGENCY MANAGEMENT AND THE COUNTY FOR A
MULTI-STRUCTURE SHUTTER PROJECT AND APPROVE THE
ASSOCIATED BUDGET AMENDMENT - TO PROTECT THE
FIVE STRUCTURES ON THE MAIN COLLIER COUNTY
GOVERNMENT COMPLEX
Item # 16E4
AMENDING A PREVIOUSLY APPROVED CARRY FORWARD
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November 13,2007
BUDGET AMENDMENT TO RECOGNIZE $555,035.85 IN
FUNDS APPROPRIATED AND ENCUMBERED FOR THE
PURCHASE OF THREE AMBULANCES ORDERED, BUT NOT
RECEIVED IN THE 2007 FISCAL YEAR - DUE TO
UNFORESEEN MANUFACTURING ISSUES
Item #16E5
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS - COVERING THE PERIOD OF SEPTEMBER 20,
2007 THROUGH OCTOBER 24,2007, AS DETAILED IN THE
EXECUTIVE SUMMARY
Item # 16E6
CONVEYANCE OF AN EASEMENT TO FLORIDA POWER
AND LIGHT COMPANY (FPL) FOR THE INSTALLATION OF
ELECTRIC FACILITIES TO PROVIDE ELECTRIC SERVICE
FOR THE EMERGENCY SERVICES CENTER AND THE SOUTH
REGIONAL LIBRARY LOCATED ON LEL Y CULTURAL
PARKWAY, AT A COST NOT TO EXCEED $27.00, PROJECTS
52160-3 AND 54003-1
Item #16Fl
RESOLUTION 2007-315: BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BOARD OF ISLES OF CAPRI MUNICIPAL
RESCUE AND FIRE SERVICES TAXING DISTRICT
ACCEPTING A DONATION OF A 25-FOOT BOSTON WHALER
CHALLENGER WITH TRAILER FROM CAPRI FIRE AND
Page 257
November 13, 2007
MARINE RESCUE BENEFACTORS INC., A NONPROFIT 501C3
CORPORATION, AS A VALID PUBLIC PURPOSE - TO
PROVIDE FIRE AND RESCUE SERVICES TO KEEW AYDIN
ISLAND AND THE SURROUNDING W ATERW A YS
Item #16F2
BUDGET AMENDMENT IN THE AMOUNT OF $58,000 TO
PURCHASE EQUIPMENT TO OUTFIT FIRE APP ARA TUS -
ESSENTIAL FOR DAIL Y OPERATIONS AND WILL IMPROVE
CAP ABILITIES IN COLLIER COUNTY
Item # 16F3
RESOLUTION 2007-316: BCC AS GOVERNING BOARD OF
THE OCHOPEE FIRE CONTROL DISTRICT ACCEPTS A
DONATION IN THE AMOUNT OF $9,014.31, AND ANY
SUBSEQUENT DISTRIBUTIONS, FROM THE ESTATE AND/OR
TRUST OF DELLA E. REYNOLDS ON BEHALF OF THE
OCHOPEE FIRE CONTROL DISTRICT - MONIES USED FOR
PROVIDING NEWER AND IMPROVED OPERATING
EQUIPMENT
Item #16F4
BAR RESOLUTION 2007-05: APPROVING BUDGET
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2006-07 ADOPTED BUDGET
Item #16F5
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November 13, 2007
RESOLUTION 2007-317: AUTHORIZING THE BORROWING OF
AN AMOUNT NOT TO EXCEED $1,323,000, FROM THE
POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION
PURSUANT TO THE LOAN AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND THE
COMMISSION IN ORDER TO FINANCE THE PURCHASE OF A
RADIO LOCATION SYSTEM; AUTHORIZING THE
EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE
SUCH BORROWING; AGREEING TO SECURE SUCH LOAN
NOTE OR NOTES WITH A COVENANT TO BUDGET AND
APPROPRIATE LEGALLY A V AILABLE NON-AD VALOREM
REVENUES AS PROVIDED IN THE LOAN AGREEMENT;
AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH
OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT
SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE
- FOR A CONTRACT WITH LOCUS LOCATION SYSTEMS,
LLC FOR A RADIO LOCATING SYSTEM CALLED SAFEPOINT
Item #16F6
RESOLUTION 2007-318: AUTHORIZING THE BORROWING OF
AN AMOUNT NOT TO EXCEED $4,509,000 FROM THE
POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION
PURSUANT TO THE LOAN AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND THE
COMMISSION IN ORDER TO FINANCE THE UPGRADE TO
THE 800 MHZ RADIO SYSTEM; AUTHORIZING THE
EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE
SUCH BORROWING; AGREEING TO SECURE SUCH LOAN
NOTE OR NOTES WITH A COVENANT TO BUDGET AND
Page 259
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November 13,2007
APPROPRIATE LEGALL Y AVAILABLE NON-AD VALOREM
REVENUES AS PROVIDED IN THE LOAN AGREEMENT;
AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH
OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT
SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE
- TO ACCOMMODATE FUTURE GROWTH
Item # 16F7
RESOLUTION 2007-319: AUTHORIZING THE BORROWING OF
AN AMOUNT NOT TO EXCEED $2,642,000 FROM THE
POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION
PURSUANT TO THE LOAN AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND THE
COMMISSION IN ORDER TO FINANCE THE CONSTRUCTION
OF THE COLLIER COUNTY FLEET FACILITY; AUTHORIZING
THE EXECUTION OF A LOAN NOTE OR NOTES TO
EVIDENCE SUCH BORROWING; AGREEING TO SECURE
SUCH LOAN NOTE OR NOTES WITH A COVENANT TO
BUDGET AND APPROPRIATE LEGALL Y AVAILABLE NON-
AD VALOREM REVENUES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZING THE EXECUTION AND
DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE
NECESSARY TO EFFECT SUCH BORROWING; AND
PROVIDING AN EFFECTIVE DATE - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16F8
RESOLUTION 2007-320: AUTHORIZING THE BORROWING OF
AN AMOUNT NOT TO EXCEED $4,693,000 FROM THE
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November 13,2007
POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION
PURSUANT TO THE LOAN AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND THE
COMMISSION IN ORDER TO FINANCE THE CONSTRUCTION
OF THE GOLDEN GATE LIBRARY EXPANSION;
AUTHORIZING THE EXECUTION OF A LOAN NOTE OR
NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO
SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT
TO BUDGET AND APPROPRIATE LEGALL Y AVAILABLE
NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZING THE EXECUTION AND
DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE
NECESSARY TO EFFECT SUCH BORROWING; PROVIDING
AN EFFECTIVE DATE - FOR A CONTRACT WITH
DEANGELIS DIAMOND CONSTRUCTION FOR THE NEW
17,000 SQUARE FOOT LIBRARY EXPANSION
Item # 16F9
COLLIER COUNTY'S 2008 STATE LEGISLATIVE PRIORITIES
AND DIRECT THE COMMISSION CHAIRMAN TO PRESENT
THEM TO THE COLLIER COUNTY LEGISLATIVE
DELEGATION ON NOVEMBER 28, 2007 AND DIRECT THE
COUNTY MANAGER TO PROVIDE THEM TO THE COUNTY'S
STATE LOBBYIST WHO WILL REPRESENT THE COUNTY'S
INTERESTS IN TALLAHASSEE THROUGH THE 2008
LEGISLATIVE SESSION - PRIORITIES AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16F10
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November 13,2007
PREP ARA TION OF A CAPITAL IMPROVEMENT PLAN FOR
THE IMMOKALEE URBAN DESIGNATED AREA.
(COMPANION ITEM TO 16G1 AND TO BE CONSIDERED
FOLLOWING ACTION ON 16G 1) - GUARDIAN COMMUNITY
RESOURCE MANAGEMENT, INC. (GUARDIAN) TO PREP ARE
A 15- YEAR CIP FOR THE IMMOKALEE URBAN DESIGNATED
AREA
Item #16G1
COMMUNITY REDEVELOPMENT AGENCY APPROVAL OF
THE RECOMMENDATION OF THE IMMOKALEE MASTER
PLAN AND VISIONING COMMITTEE AND IMMOKALEE
LOCAL REDEVELOPMENT ADVISORY BOARD TO
AUTHORIZE THE PREPARATION OF A CAPITAL
IMPROVEMENT PLAN (COMPANION TO 16FI0) - FOR
SERVICES PERFORMED BY GUARDIAN COMMUNITY
RESOURCE MANAGEMENT, INC (GUARDIAN) FOR A COST
NOT EXCEED $35,000
Item #16H1
COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL
FOR REIMBURSEMENT FOR ATTENDING A FUNCTION
SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE
FRIENDS OF THE LIBRARY'S 50TH ANNIVERSARY GALA
CELEBRATION ON FRIDAY, NOVEMBER 30TH AND
SUNDAY, DECEMBER 2,2007 AT THE COLLIER COUNTY
LIBRARY HEADQUARTERS; $200.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET
Item # 16H2
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November 13,2007
COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL
FOR REIMBURSEMENT FOR ATTENDING A FUNCTION
SERVING A VALID PUBLIC PURPOSE. ATTENDED THE 20TH
ANNIVERSARY CELEBRATION & CONFERENCE OF DAWN
LITCHFIELD AND DENNIS NELSON ON WEDNESDAY,
NOVEMBER 7,2007, AT THE NAPLES BEACH HOTEL; $50.00
TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET - LOCATED AT 851 GULF SHORE BOULEVARD
NORTH
Item # 16H3
COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL
FOR REIMBURSEMENT FOR ATTENDING A FUNCTION
SERVING A VALID PUBLIC PURPOSE. ATTENDED THE
LEAGUE OF WOMEN VOTERS OF COLLIER COUNTY
OCTOBER LUNCHEON ON MONDAY, OCTOBER 15,2007, AT
THE COLLIER ATHLETIC CLUB; $20.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT
710 GOODLETTE ROAD NORTH
Item #16H4
COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL
FOR REIMBURSEMENT FOR A FUNCTION SERVING A
VALID PUBLIC PURPOSE. WILL ATTEND THE SALVATION
ARMY'S RED KETTLE CAMPAIGN 2007 LUNCHEON ON
FRIDAY, NOVEMBER 16,2007, AT THE VINEYARD'S
COUNTRY CLUB; $35.00 TO BE PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET
Item # 16H5
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November 13,2007
COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL
FOR REIMBURSEMENT FOR ATTENDING A FUNCTION
SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE
EDC PRE-LEGISLATIVE LUNCH ON WEDNESDAY,
NOVEMBER 28,2007 AT THE CLUB AT THE STRAND; $40.00
TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET - LOCATED AT 5840 STRAND BOULEVARD,
NAPLES
Item #16H6
COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL
FOR REIMBURSEMENT FOR ATTENDING A FUNCTION
SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE
COLLIER CITIZEN OF THE YEAR 2007 DINNER ON
THURSDAY, NOVEMBER 15, 2007, AT THE ELKS LODGE;
$35.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET - LOCATED AT 3950 RADIO ROAD, NAPLES
Item # 16H7
COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL
FOR REIMBURSEMENT FOR ATTENDING A FUNCTION
SERVING A VALID PUBLIC PURPOSE. ATTENDED THE
UNITED ARTS COUNCIL CELEBRATE THE ARTS MONTH
KICK OFF PARTY ON SATURDAY, NOVEMBER 10,2007, AT
THE CLUB AT NAPLES BAY RESORT; $50.00 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET -
LOCATED AT 1800 T AMIAMI TRAIL EAST
Item #16H8 - Withdrawn
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November 13, 2007
COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL
FOR REIMBURSEMENT FOR ATTENDING A FUNCTION
SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE
2007 LIVING CHRISTMAS TREES ON THURSDAY,
DECEMBER 6, 2007, AT THE FIRST BAPTIST CHURCH
NAPLES; $7.50 TO BE PAID FROM COMMISSIONER FIALA'S
TRAVEL BUDGET
Item # 16H9
COMMISSIONER COLETTA'S REQUEST FOR BOARD
APPROVAL FOR REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDING THE NATIONAL MULTIPLE
SCLEROSIS SOCIETY (NMSS) NAPLES HOLIDAY PART ON
DECEMBER 11, 2007 AT THE GLADES COUNTRY CLUB;
$18.95 TO BE PAID FROM COMMISSIONER COLETTA'S
TRAVEL BUDGET
Item #16HI0
COMMISSIONER COLETTA'S REQUEST FOR BOARD
APPROVAL FOR REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. WILL ATTEND THE EDC PRE-LEGISLATIVE
LUNCH ON WEDNESDAY, NOVEMBER 28,2007 AT THE
CLUB AT THE STRAND; $40.00 TO BE PAID FROM
COMMISSIONER COLETTA'S TRAVEL BUDGET - LOCATED
AT 5840 STRAND BOULEVARD, NAPLES
Item # 1611
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November 13,2007
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 266
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BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
November 13, 2007
FOR BOARD ACTION:
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Districts:
I. Heritage Greens Communitv Development District: Meeting Schedule FY
2008.
2. Ochopee Fire Control District Advisorv Board: Minutes of March 12,
2007; Minutes of February 12,2007.
3. Port of the Islands Communitv Improvement District: Minutes and
Agenda of August 10,2007; Meeting Schedule for FY 2008; Minutes and
Agenda of September 14,2007.
B. Minutes:
I. Emergencv Medical Services Advisorv Council: Minutes of June 27,
2007; Minutes of August 22, 2007.
2. Collier Countv Planning Commission: Revised Agenda for October 18,
2007; Minutes of September 6, 2007; Minutes of Special Session/LDC of
September 6,2007; Minutes of August 16,2007 LDC Meeting; Minutes
of August 16, 2007 regular session.
3. Golden Gate Communitv Center Advisorv Committee: Minutes of
October 1,2007.
4. Collier Countv Contractors' Licensing Board: Agenda for October 16,
2007.
5. Forest Lakes Roadwav and Drainage MSTU Advisorv Committee:
Agenda for October 10,2007; Minutes of September 12,2007.
6. Bavshore Beautification MSTU Advisorv Committee: Agenda for
October 17,2007; Minutes of September 12, 2007.
7. Radio Road Beautification MSTU Advisorv Committee: Agenda for
October 16,2007; Minutes of September 19,2007.
8. Lelv Golf Estates Beautification MSTU Advisorv Committee: Agenda for
October 18,2007; Minutes of September 20,2007.
H:DatalFormat
9. Isles of Capri Fire/Rescue Advisorv Board: Minutes and Agenda of
October 4, 2007.
10. Conservation Collier Land Acquisition Advisory Committee: Minutes of
September 10,2007.
II. Immokalee Beautification MSTU Advisory Committee: Agenda for
October 24,2007; Minutes of September 26, 2007 - cancelled due to lack
of quorum.
12. Golden Gate Estates Land Trust Committee: Agenda and Minutes of
November 20, 2006; Agenda and Minutes of January 22, 2007; Agenda
and Minutes of February 1,2007; Agenda and Minutes of March 26, 2007;
Agenda and Minutes of May 21, 2007; Agenda and Minutes of July 23,
2007.
13. Collier Countv Parks and Recreation Advisory Board: Minutes of
September 19, 2007.
14. Immokalee Local Redevelopment Advisory Committee: Minutes of
September 26,2007.
a) Immokalec Master Plan and Visioning Committee: Minutes of
September 19,2007.
b) [mmokalee Enterprise Zone Development Agencv: Minutes of
September 19, 2007.
15. Pelican Bav Services Division:
a) Clam Bay Committee: Agenda of October 17, 2007; Minutes of
August 15,2007.
C. Other:
I) Collier Countv Fire Review Task Force: Minutes of August 7, 2007.
H:DatalFormat
..... I
November 13, 2007
Item #1611 - Moved to Item #13A
Item # 16J2
DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 29, 2007
THROUGH OCTOBER 05, 2007 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item # 1613
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 06, 2007
THROUGH OCTOBER 12, 2007 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J4
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 13, 2007
THROUGH OCTOBER 19, 2007 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J5
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 20, 2007
THROUGH OCTOBER 26, 2007 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J6
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 27,2007
THROUGH NOVEMBER 2, 2007 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
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November 13,2007
Item #1617
CAPITAL ASSET DISPOSITION RECORDS FOR TIME PERIOD
OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007
Item # 16J8
COLLIER COUNTY COMMISSION ENDORSE THE UNITED
STATES DEPARTMENT OF mSTICE/DEPARTMENT OF
TREASURY FEDERAL EQUITABLE SHARING ANNUAL
CERTIFICATION REPORT - TO ENFORCE FEDERAL
CRIMINAL LAW
Item # 16J9
INTERLOCAL AGREEMENT FOR ELECTION SERVICES
BETWEEN THE CITY OF EVERGLADES, COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE COLLIER
COUNTY SUPERVISOR OF ELECTIONS TO PROVIDE
SERVICES AND VOTING EQUIPMENT TO BE USED BY THE
CITY OF EVERGLADES FOR ITS ELECTION TO BE HELD ON
NOVEMBER 27,2007, AND FOR AUTHORIZATION FOR THE
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
TO SIGN THE AGREEMENT
Item #16110
THE USE OF CONFISCATED TRUST FUNDS FOR DRUG
ABUSE EDUCATION AND PREVENTION - $5,000 TO BE
ALLOCATED TO THE SOUTHWEST FLORIDA COUNCIL OF
THE BOY SCOUTS OF AMERICA
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November 13, 2007
Item #16111 - Moved to Item #13B
Item #16Kl
AMENDMENT NO.1 TO THE RETENTION AGREEMENT
WITH THE LAW FIRM OF GARVIN & TRIPP, P.A. AND
RATIFY PRIOR PAYMENTS MADE UNDER THE ORIGINAL
AGREEMENT TO GARVIN & TRIPP, P.A. FOR PARALEGAL
SERVICES - DUE TO A CHANGE IN RATES OF HOURL Y PAY
Item # 16K2
STIPULATED FINAL mDGMENT IN THE AMOUNT OF
$29,600.00 FOR THE ACQUISITION OF PARCEL 739 IN THE
LAWSUIT STYLED COLLIER COUNTY V. FIRST NATIONAL
BANK OF NAPLES, INC., ET AL., CASE NO. 04-3587-CA
(IMMOKALEE ROAD PROJECT NO. 66042). FISCAL IMPACT:
$61,454.70
Item #16K3
COUNTY ATTORNEY'S OFFICE TO MAKE A BUSINESS
DAMAGE COUNTEROFFER TO SETTLE A CLAIM FOR
BUSINESS DAMAGES BY SANTA BARBARA FUELS, INC.
ASSOCIATED WITH THE ACQUISITION OF PARCELS 104
AND 604 IN THE LAWSUIT STYLED COLLIER COUNTY V.
HIGHLAND PROPERTIES OF LEE AND COLLIER LIMITED,
ET AL., CASE NO. 06-0563-CA; SANTA BARBARA BLVD.
PROJECT #62081 (FISCAL IMPACT: $70,000.00 IF ACCEPTED)
Item #16K4
Page 269
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November 13,2007
AN AGREED ORDER FOR PAYMENT OF EXPERT FEES AND
COSTS IN CONNECTION WITH PARCELS 720, 820A, 820B
AND 920 IN THE LAWSUIT STYLED COLLIER COUNTY V.
ELHANON COMBS, ET AL., CASE NO. 03-2352-CA (GOLDEN
GATE PKWY, PROJECT #60027) FISCAL IMPACT: $27,500.00-
PAID TO THE FORMAN HANRATTY MONTGOMERY TRUST
ACCOUNT: FORT LAUDERDALE, FL
Item #17A
RESOLUTION 2007-321: PETITION V A-2007-AR-11778 (JDM)
GENE SILGUERO OF GMC HOME BUILDERS REPRESENTING
HIMSELF, REQUESTING AN AFTER-THE-FACT VARIANCE
FROM THE REQUIRED MINIMUM 25-FOOT FRONT YARD
SETBACK FOR THE RESIDENTIAL MUL TIF AMIL Y - 6 (RMF-
6) ZONING DISTRICT AS PROVIDED FOR IN SECTION
4.02.01.A. TABLE 2.1 OF THE LDC. THE 0.34 ACRE SITE
CONTAINS A SINGLE-FAMILY DWELLING THAT IS
CURRENTLY UNDER CONSTRUCTION AND HAS A 23-FOOT,
9-INCH FRONT YARD SETBACK. THE SUBJECT PROPERTY
IS A CORNER LOT LOCATED AT 505 MADISON AVENUE,
NORTHWEST OF THE INTERSECTION WITH GLADES
STREET, NEW MARKET SUBDIVISION, LOT 6, BLOCK 19,
SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLIER COUNTY, FLORIDA
Item #17B
ORDINANCE 2007-69: AMENDING SECTION 6 OF
ORDINANCE NO. 2004-62 BY PROVIDING FOR A TWO-YEAR
EXTENSION OF THE TERM OF THE IMMOKALEE MASTER
PLAN AND VISIONING COMMITTEE FROM DECEMBER 31,
Page 270
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November 13, 2007
2007 TO DECEMBER 31, 2009
Item #17C - Continued to the Dec. 4, 2007 BCC Special Meeting
PETITION CPSP-2007-7: TRANSMITTAL OF THE PUBLIC
SCHOOL FACILITIES ELEMENT AND SUPPORT DOCUMENT,
GROWTH MANAGEMENT PLAN AMENDMENTS TO THE
CAPITAL IMPROVEMENT ELEMENT AND
INTERGOVERNMENTAL COORDINATION ELEMENT AND
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY
PLANNING AND SCHOOL CONCURRENCY TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS - CONTINUED TO
THE DECEMBER 4, 2007 BCC SPECIAL MEETING
Item #17D
ORDINANCE 2007-70: AMENDING ORDINANCE NO. 2004-58
(THE COLLIER COUNTY PROPERTY MAINTENANCE CODE);
AMENDING SECTION FOUR, DEFINITIONS; AMENDING
SECTION SEVEN, RENTAL REGISTRATION AND
PROCEDURES; AMENDING SECTION NINE, INSPECTION OF
STRUCTURES AND PREMISES; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY AND PROVIDING AN
EFFECTIVE DATE
*******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:15 p.m.
Page 271
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RE.CE\VED
DEe 0 3 2007 November 13, 2007
~Mf(t of County connntssioners
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPEC[A~~ER ITS CONTROL
JIM COLETTA, Chairman
ATTEST:
DWIGHT E. BROCK, CLERK
~~ Q...uLl ~UuJ.o L.
Attest 1$ to 1
IfgNturt _1"
These minutes approved by the Board on Dt~( 11, ~as
presented v or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 272