BCC Minutes 02/12/2008 R
February 12,2008
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 12,2008
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: Tom Henning
Donna Fiala
Jim Coletta
Fred Coyle
Frank Halas
ALSO PRESENT:
Jim Mudd, County Manager
David Weigel, County Attorney
Sue Filson, BCC Executive Manager
Crystal Kinzel, Office of the Clerk of Court
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
February 12, 2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice- Chairman Commissioner, District 1; CRAB Chairman
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-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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February 12, 2008
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE 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. January 15,2008 - BCC/Regular Meeting
C. January 16,2008 - BCC/Regular-Continuation of January 15,2008 Meeting
D. January 16,2008 - BCC/LDC Cycle 2 Amendment Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards: 5-Year Recipients:
1) Tony Branco - Lely Golf Estates Beautification Advisory Committee
2) Michael Delate - Land Acquisition Advisory Committee
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February 12,2008
3) Marco Espinar - Land Acquisition Advisory Committee
4) Wayne Jenkins - Land Acquisition Advisory Committee
5) Willis Kriz - Land Acquisition Advisory Committee
6) William Poteet - Land Acquisition Advisory Committee
7) Bradley Schiffer - Collier County Planning Commission
8) Gerald Sugarman - Collier County Citizens Corps
B. 30 Year Attendees
1) Jodi Walters, Solid Waste
4. PROCLAMATIONS
A. Proclamation for Engineers Week In Collier County, February 17th through
February 23,2008 to be accepted by Dan Waters, PE, Vice President of the
Calusa Chapter ofFES and Marlene Messam, PE, Secretary of the Calusa
Chapter of FES.
5. PRESENTATIONS
A. Presentation to recognize Fred Edwards as the Florida Emergency
Preparedness Association, 2008 Volunteer of the Year for his service to the
Department of Emergency Management and to recognize Dan Summers,
Director of the Bureau of Emergency Services as the 2008 Florida
Emergency Preparedness Association Emergency Management Professional
of the Year.
B. Contractor's Presentation on CR 951 Water Main, Project 70151 and 70152.
Akerman Construction Company, Inc. will make a presentation to the Board
on the status of the CR 951 Water Main project.
6. PUBLIC PETITIONS
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February 12, 2008
A. Public petition by Essie Serrata, Collier County Housing Authority, to
discuss proposed rehabilitation of Farm Worker Village.
B. Public petition request by Marisol Macias to discuss rates for rotation
wrecker companies.
C. Public petition request by Charles Coster to discuss extension of temporary
use permits for Woolbright Vanderbilt (shopping center).
Item 7 and 8 to be heard no sooner than 1:00 n.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Petition: V A-2006-AR-
10092 Mohammed M. Rahman, represented by Stephen 1. Fleming, P.E.,
requesting a before-the-fact variance from Section 5.05.05.B. of the LDC to
reduce the lot width along the north and south property line from the
required 150 feet to 135 feet, and to reduce the side yard setback along the
west property line from the required 40 feet to 25 feet to permit an
automobile service station. The subject property is located at 2393 Lake
Trafford Road, Section 32, Township 46 South, Range 29 East, Collier
County, Florida.
8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-2006-AR-9127
(HW) Clyde C. Quinby and John W. Caskey, Jr., Caskey Enterprises,
represented by R W A, Inc., requesting a PUD Rezone (PUDZ) from the
General Commercial (C-4) and the Myrtle Woods Planned Unit
Development (PUD) zoning designations to the Myrtle Woods Commercial
Planned Unit Development (CPUD) zoning designation. The PUD rezone
would provide for commercial development and establish appropriate
development standards on 6.97+/- acres located on the southwest side of
Tamiami Trail East at Myrtle Lane in Section 29, Township 50 South,
Range 26 East, Collier County, Florida.
9. BOARD OF COUNTY COMMISSIONERS
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February 12, 2008
A. Appointment of member to the Haldeman Creek Maintenance Dredging
Advisory Committee.
B. Request for reconsideration to approve a $99,000 budget amendment for
Fiscal Year 2008 to make up a shortfall offunds as a result of the policy
decision not to implement a proposed fee collection structure for Emergency
Management Services. (Requested by Commissioner Henning)
C. Report to the Board of County Commissioners on the County Attorney
recruitment process by Andrea Sims, Water-Oldani Executive Recruitment.
D. Reconsideration by the Board of County Commissioners of the County
Attorney Recruitment Process. (Commissioner Henning)
10. COUNTY MANAGER'S REPORT
A. Recommendation to review and approve the projects proposed for Collier
County's Fiscal Year 2009 Federal Legislative Agenda which will be
presented to the Congressional Delegation in Washington, D.C. for federal
funding consideration. (Debbie Wight, Assistant to the County Manager)
B. This item to be heard at 11 :00 a.m. This item continued from the
January 15, 2008 BCC Meetin!!:. Recommendation to Endorse Code
Enforcement Board and Special Magistrate Rules and Regulations.
(Michelle Arnold, Code Enforcement Director, CDES)
C. Recommendation to the Board of County Commissioners to direct staff to
add to the 2006 Cycle of Growth Management Plan Amendments proposed
amendments affecting model home conditional uses in the County Road 951
corridor, an amendment to the Future Land Use Map Designation for the
Collier County-owned Margood Property in Goodland, and other
housekeeping amendments which will serve to correct omissions, errors, and
otherwise harmonize all portions of the Growth Management Plan. (Joe
Schmitt, Administrator, Community Development)
D. Recommendation to approve extensions to SAP for Project Management
including additional end-user licenses from SAP Public Services, Inc. and
implementation services from Labyrinth Solution, Inc. d/b/a LSI Consulting
for $1,600,000. (Len Price, Administrator, Administrative Services)
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February 12, 2008
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to the Board of County Commissioners to direct
staff to provide a refund of a portion of a petition fee received for a
2006 Cycle of Growth Management Plan Amendments which
amendment was found to be not necessary.
2) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearin!!: be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Suncoast Schools Federal
Credit Union
3) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearin!!: be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Ave Maria Unit I, Camp Keais
Pointe Phase I, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security
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February 12,2008
4) This item continued from the January 15, 2008 and the January
29, 2008 BCC Meetin!!:. Recommendation to grant final approval of
the roadway (private) and drainage improvements for the final plat of
Majors Phase One, (Lely Resort PUD), roadway and drainage
irnprovements will be privately maintained.
5) This item continued from the January 15. 2008 and the Januarv
29. 2008 BCC Meetin!!:. Recommendation to grant final approval of
the roadway (private) and drainage improvements for the final plat of
Majors Phase Two, (Lely Resort PUD), roadway and drainage
improvements will be privately maintained.
6) This item was continued from the January 15, 2008 and the
January 29, 2008 BCC Meetin!!:. Recommendation to grant final
approval of the roadway (private) and drainage improvements for the
final plat of Majors Phase Three, (Lely Resort PUD), roadway and
drainage improvements will be privately maintained.
7) Recommendation to amend the FY 2008 Collier County Community
Development and Environmental Services Division budget by
reducing operating and capital funding by $500,000, and reducing
budgeted revenue by a like amount.
8) This is a recommendation to grant final approval of the roadway
(private) and drainage improvements for the final plat of Mediterra
Parcel 100, the roadway and drainage improvements will be privately
maintained.
B. TRANSPORTATION SERVICES
1) Recommendation to approve the signed contract between McDonald
Transit and one additional subcontractor, First Choice Transport, Inc.
to provide paratransit service.
2) Recommendation to approve the use of $88,000 in paratransit funds
from FY08 for Collier Area TransitlParatransit's Operations Center
sewer connection and the necessary budget amendments.
3) Recommendation to award a construction contract to Better Roads,
Inc. for Immokalee Road (C.R. 846) Shoulder Improvements, from
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February 12, 2008
North of Platt Road to East of Corkscrew Lane/Sanctuary Road. F.M.
No. 417350-1, Bid No. 08-5029. Project No. 60016, in the amount of
$215,633.51
4) Recommendation to recognize and accept revenue for Collier Area
Transit bus shelters in the amount of $42,600 and to approve all
necessary budget amendments.
C. PUBLIC UTILITIES
1) Recommendation to accept two South Florida Water Management
District Alternative Water Supply Grants in the total amount of
$1,700,900 for partial funding of the construction of the Reclaimed
Water Transmission Main - Immokalee Road Phase 1, Project 74311
and the South County Regional Water Treatment Plant 20-MGD
Wellfield Expansion FY08, Project 70892
2) To provide a recommendation to the Collier County Board of County
Commissioners on how the potable water surcharge can be applied in
a fair and equitable manner to developments such as the Crystal Lake
RV Resort and other RV resorts and similar trailer parks that are
classified as Commercial under the Land Development Code, Zoning
Districts and Uses.
D. PUBLIC SERVICES
1) Recommendation to authorize the Chairman to sign an agreement
between Collier County Board of County Commissioners and the
Physician Led Access Network (PLAN) in the amount of $50,000 to
provide medical referral services for low-income residents in Collier
County.
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 166, Trail Ridge, East Naples.
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
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February 12, 2008
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 7, Block 9, Naples Manor Addition, East Naples.
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 6, Block 9, Naples Manor Addition, East Naples.
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 5, Block 9, Naples Manor Addition, East Naples.
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 22, Block 6, Naples Manor Addition, East Naples.
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 6, Block 10, Naples Manor Addition, East Naples.
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 (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 61, Trail Ridge, East Naples.
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 62, Trail Ridge, East Naples.
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February 12, 2008
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 63, Trail Ridge, East Naples.
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
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 64, Trail Ridge, East Naples.
12) 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 60, Trail Ridge, East Naples.
13) 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 57, Trail Ridge, East Naples.
14) 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 58, Trail Ridge, East Naples.
15) 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 59, Trail Ridge, East Naples.
16) 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
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February 12, 2008
unit located at Lot 180, Trail Ridge, East Naples.
17) 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 lOO% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 40, Liberty Landing, Immokalee.
18) 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 39, Liberty Landing, Immokalee.
19) 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 109, Liberty Landing, Immokalee.
20) 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 108, Liberty Landing, Immokalee.
21) Present to the Board of County Commissioners a summary of the
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.
22) Recommendation to award Bid #08-5037 to provide meals for the
Senior Nutrition Program for an estimated annual amount of
$200,000. This program is funded by the Older Americans Act grant
awarded to the Housing and Human Services Department.
23) Recomrnendation to approve a proposed lease modification between
the Board of County Commissioners and the Childrens Museum of
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February 12,2008
Naples, Inc.
24) Recommend approval of Budget Amendment for $150,000 for next
phase of numerical modeling of alternatives at Wiggins Pass.
25) Recommendation that the Board of County Comrnissioners approves,
and authorizes its Chairman to sign, an Amendment to Agreement
between Collier County and Collier County Housing Development
Corporation (SHIP Homebuyer Education and Counseling) to
facilitate an overall analysis and evaluation of the education program.
26) Recommend Approval to award Contract #08-5028 in the amount of
$179,060.40 to Quality Enterprises USA, Inc. for the Golden Gate
Community Park Boat Ramp Project #800317.
27) Recommendation to approve a budget amendment transferring
$62,500 from Project #806051 Delasol Neighborhood Park to Project
#800341 Oakes Neighborhood Park
28) Recommendation to pay an outstanding FY 2007 invoice of$12,971
using FY 2008 Lethal Yellowing Disease allotment funds for
suppression and removal services rendered while implementing the
Collier County Lethal Yellowing Disease Ordinance 2004-11.
29) Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, an Amendment to Agreement
between Collier County and The Empowerment Alliance of SW
Florida (SHIP Homebuyer Education and Counseling) to facilitate an
overall analysis and evaluation of the education program..
30) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign an Agreement with the State of
Floridas, Department of Children and Families accepting a Challenge
Grant in the amount of $140,000.
31) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign a Subrecipient Agreement
providing a Challenge Grant in the amount of $16,000, to the Saint
Matthews House to fund transportation cost associated with Collier
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February 12, 2008
-_.__.._,-~..,.,-~...__._-----~-,-
Countys homeless population.
32) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign a Subrecipient Agreement
providing a Challenge Grant in the amount of$59,000, to the Shelter
for Abused Women and Children to fund one full-time Shelter
Advocate/Counselor, and 45% of a second Shelter
Advocate/Counselor.
33) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign a Subrecipient Agreement
providing a Challenge Grant, in the amount of$65,000, to The Collier
County Hunger and Homeless Coalition to provide funding to
maintain, improve, and expand the HUD mandated HMIS System.
E. ADMINISTRATIVE SERVICES
1) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
2) Recommend approval of the award ofRFP #07-4141, Multifunctional
Printer/Copier Products, and corresponding agreement between
Collier County and J. M. Todd, Inc. in the estimated amount of
$95,000 annually.
3) Recommendation to approve conveyance of an Easement to Florida
Power & Light Company for providing utility services to the
expansion of the Golden Gate Library at 2432 Lucerne Road, at a cost
not to exceed $27.00, Project 54261-1.
F. COUNTY MANAGER
1) Recommendation to approve an Assistance to Firefighters Grant
Agreement from the Federal Emergency Management Agency for the
installation of powered computer mounting systems, including
docking stations to provide Mobile Data Terminal capability in
Emergency Medical Services ambulances and command vehicles; to
approve a Budget Amendment to recognize and appropriate grants
funds in the amount of$48,960; and to approve the use of previously
received Florida Emergency Medical Services County Grant Funds in
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February 12, 2008
the amount of$12,240 as matching funds. The use of County Grant
funds as the cash match has been approved by the State of Florida
Department of Health, Bureau of Emergency Medical Services.
2) Recommend that the Board of County Commissioners authorize the
Chairman to sign and send on behalf of the BCC the Destination
Management Accreditation Program 2007 Annual Report Form for
the Naples, Marco Island, Everglades Convention & Visitors Bureau
3) Recommendation to approve the submittal of a Public
Telecommunications Facilities Program grant application in the
amount of$117,420 with a cash match of$58,71O.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended a Rookery Bay Luncheon Meeting and film presentation,
entitled, "The Climate of Change", on Thursday, January 31, 2008, at
the Rookery Bay Environmental Learning Center in Naples, Florida.
$7.00 to be paid from Commissioner Halas' travel budget.
2) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Friends of Barefoot Beach Preserve Luncheon and
Annual Membership Meeting on Friday, February 1,2008, at Imperial
Golf Club in Naples, Florida. $20.00 to be paid from Commissioner
Halas' travel budget.
3) Commissioner Halas requests board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended a Community Torah Inauguration and Celebration on
Sunday, January 20, 2008, at the Ritz Carlton in Naples, Florida.
$10.00 to be paid from Commissioner Halas' travel budget.
4) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
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February 12, 2008
Hearts in the Garden event on February 14,2008, at Naples Botanical
Garden; $30.00 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
Stars in the Arts 2008 Awards Lunch on Wednesday, February 27,
2008, at Naples Grande Resort; $85.00 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. Attended the
League of Women Voter's January Lunch Meeting on Monday,
January 21,2008, at the Collier Athletic Club; $20.00 to be paid from
Commissioner Fiala's travel budget.
7) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Attending the EDC Benefactor
Foundations and VIP Premier Breakfast, February 7,2008. $20 to be
paid from Commissioner Coletta's travel budget.
8) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Attending the EDC Membership
Meeting featuring Space Florida and DayJet, February 28,2008. $30
to be paid from Commissioner Coletta's travel budget.
9) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Paid registration fee on-site and
attended the Everglades Coalition Conference Dinner on January 10,
2008. $50 to be paid from Commissioner Coletta's travel budget.
10) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Attending the Collier Harvest
Appreciation Reception, February 13,2008. $10 to be paid from
Commissioner Coletta's travel budget.
11) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Attending the Marjory Stoneman
Douglas Luncheon on February 27,2008. $20 to be paid from
Commissioner Coletta's travel budget.
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February 12, 2008
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain board approval for disbursements for the period of January
12, 2008 to January 18, 2008 and for submission into the official
records of the board.
2) To obtain board approval for disbursements for the period of January
19,2008 to January 25,2008 and for submission into the official
records of the board.
3) To obtain board approval for disbursements for the period of January
26,2008 to February 1,2008 and for submission into the official
records of the board.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment for Parcel
No. I 87RDUE in the lawsuit styled CC v. Joseph Noel, et ai, Case
No. 07-3200-CA (Oil Well Road Project # 60044). (Fiscal Impact
$6,424.50)
2) Recommendation to approve seven settlements for road right-of-way
parcels acquired through condemnation for the Oil Well Road Project
(Oil Well Road Project # 60044). (Fiscal Impact $41,920.25)
3) Recommendation to approve settlement after mediation in the lawsuit
entitled Charles McCleafvs. Collier County filed in the Twentieth
Judicial Circuit in and for Collier County, Florida, Case No. 06-2350-
CA, for $25,000.00.
4) Recommendation that the Board of County Commissioners approve a
budget amendment in the amount of$150,000 for Outside Counsel
fees and $40,000 for Other Contractual Services (used for experts and
consultants ).
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February 12, 2008
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.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 17
February 12,2008
February 12,2008
CHAIRMAN HENNING: Call the February 12,2008, Board of
Commissioners for Collier County to order. And would you all rise for
the Pledge of Allegiance followed by the invocation by County
Manager Jim Mudd.
(The Pledge of Allegiance was recited in unison.)
MR. MUDD: If you'd remain standing, please.
Let us pray. Oh, Heavenly Father, we ask your blessings on
these proceedings and all who gather here. We ask a special blessing
on this Board of County Commissioners, guide them in their
deliberations, grant them the wisdom and vision to meet the trials of
this day and the days to come.
Bless us now as we undertake the business of Collier County and
its citizens, that our actions will serve the greater good of all citizens
and be acceptable in your sight.
Your will be done, amen.
CHAIRMAN HENNING: Now, before you sit down, Pastor
Craig Canfield (phonetic) from Eagles Nest Worship Center, is he
available? Would you please come up. We need all the blessings that
we can get. Apologize.
PASTOR CANFIELD: That's no problem.
Father God, creator of heaven and earth, we thank you for this
day and the life that you've given to us. And as we've already prayed,
Lord, we recognize that apart from your wisdom and protection and
guidance, our best collective efforts would fail.
We ask for your blessings upon these, our leaders, knowing that
by your word, you have declared to us that it's not merely our votes,
but you have raised them up for this place of service, and so we thank
you for them and we ask that they would prosper and be in health even
as their souls prosper in you. And now for your wisdom and your
guidance in these days' proceedings, be with them and grant them
wisdom from above.
In Jesus' name we pray, amen.
Page 2
February 12,2008
CHAIRMAN HENNING: Well, now I'm ready. County
Manager, would you take us through today's changes.
Item #2A
REGULAR, CONSENT AND SUMMARY AGENDA-
APPROVED AND/OR ADOPTED WITH CHANGES
MR. MUDD: Changes, yes, sir. Agenda changes Board of
County Commissioners meeting, February 12,2008.
Continue item 7 A to the February 26, 2008, BCC meeting. That
was a petition for a variance, 2006-AR-I0092.
Mohammed R. Rahman, represented by Stephen J. Fleming, P.E.,
requesting a before-the-fact variance from section 5.05.05.B, of the
Land Development Code to reduce the lot width along the north and
south property line from the required 150 feet to 135 feet and to
reduce the side yard setback along the west property line from the
required 40 feet to 25 feet to permit an automobile service station.
The subject property is located at 2393 Lake Trafford Road,
Section 32, Township 46 south, Range 29 east, Collier County,
Florida. And this continuance till the 26th of February, again, of item
7 A, is at the petitioner's request.
The next item is item 8A, and it should read, this item requires
that all participants be sworn in and ex parte disclosure be provided by
commission members. It's PUDZ-2006-AR-9127, Myrtle Woods,
LLC, represented by Dwight Nadeau ofRW A, Inc., requesting a
rezone from C-4 and PUD to CPUD for a project known as the Myrtle
Woods CPUD.
The requesting PUD sunsetted in 2000 and provided for a
maximum of 45 residential units and commercial development on a --
5.66 plus or minus acres ofland. This rezone request will revitalize
the Myrtle Woods PUD on the 5.66-plus-or-minus-acres project and
Page 3
February 12,2008
add a 1.38-plus-or-minus-acre parcel currently zoned C-4 to create a
unified commercial development on the now 7-plus-or-minus-acre
site.
The subject property is located at the southeast corner of the
intersection of Tamiami Trail East and Myrtle Lane in Section 29,
Township 50 south, Range 26 east, Collier County, Florida, and that
correction's at staffs request. And there's only one other item on the
change sheet, and that's a time certain item today, and that's item lOB
to be heard 11 a.m.
And that's a recommendation to endorse the Code Enforcement
Board and special magistrate rules and regulations.
That's all I have, Mr. Chairman, Commissioners.
CHAIRMAN HENNING: Thank you.
David, do you have any addendums to today's agenda?
MR. WEIGEL: No. They are covered by the manager. Thank
you.
CHAIRMAN HENNING: Sue, do we have any public speakers
on today's agenda?
MS. FILSON: No, sir.
CHAIRMAN HENNING: Commissioner Coyle, do you have
any changes or ex parte communication on today's consent or
summary?
COMMISSIONER COYLE: I have none.
CHAIRMAN HENNING: Either?
COMMISSIONER COYLE: Neither; none, neither.
CHAIRMAN HENNING: Of all the above?
COMMISSIONER COYLE: Nothing, nada.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I have -- excuse me. Good
morning, ladies and gentlemen. I have no ex parte either on the
consent or the summary agenda today.
CHAIRMAN HENNING: You sure you don't have any ex parte
Page 4
February 12,2008
on the summary today?
COMMISSIONER HALAS: That's what I said.
CHAIRMAN HENNING: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have no changes, no
corrections, no ex parte on summary or consent.
CHAIRMAN HENNING: Commissioner Coyle -- Coletta.
COMMISSIONER COLETTA: Yes. I'm going to run contrary
to this group and say on 16A3, I did receive correspondence on it.
Other than that, I have no changes to the agenda.
CHAIRMAN HENNING: Okay. And I just would like to pull
16E 1. That is the ratification of staffs change orders. And I have no
ex parte communications on today's consent or summary agenda. That
item --
MR. MUDD: 16El would become 10E.
CHAIRMAN HENNING: 10E?
MR. MUDD: Yes, sir.
CHAIRMAN HENNING: Okay. I entertain a motion to approve
today's agenda as amended.
COMMISSIONER HALAS: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: There's a motion by Commissioner
Halas to approve the agenda as amended, second by Commissioner
Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Page 5
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Februarv 12. 2008
Continue Item 7 A to the Februarv 26.2008 BCC meetinQ: Petition: VA-2006-AR-10092
Mohammed M. Rahman, represented by Stephen J. Fleming, P.E., requesting a before-the-fact
variance from Section 5.05.05.B. of the LDC to reduce the lot width along the north and south
property line from the required 150 feet to 135 feet, and to reduce the side yard setback along the
west property line from the required 40 feet to 25 feet to permit an automobile service station.
The subject property is located at 2393 Lake Trafford Road, Section 32, Township 46 South,
Range 29 East, Collier County, Florida. (Petitioner's request.)
Item 8A should read: This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDZ-2006-AR-9127, Myrtle Woods, L.L.C., represented
by Dwight Nadeau of RWA, Inc., requesting a rezone from C-4. and PUD to CPUD for a project
known as the Myrtle Woods CPUD. The existing PUD sunsetted in 2003 and provided for a
maximum of 45 residential units and commercial development on a 5.66+/- acres of land. This
rezone request will revitalize the Myrtle Woods PUD on the 5.66+/- acre project and add a 1.38+/-
acre parcel currently zoned C-4 to create a unified commercial development on the now 7.0+/-
acre site. The subject property is located at the southeast corner of the intersection of Tamiami
Trail East and Myrtle Lane in Section 29, Township 50 South, Range 26 East, Collier County,
Florida. (Staff's request.)
Time Certain Items:
Item 10B to be heard at 11 :00 a.m. Recommendation to endorse Code Enforcement Board and
Special Magistrate Rules and Regulations.
February 12,2008
Item #2B, #2C and #2D
MINUTES FOR JANUARY 15,2008 - BCC REGULAR; JANUARY
16,2008 - CONTINUATION OF JANUARY 15,2008 BCC
MEETING; JANUARY 16,2008 - BCC/LDC CYCLE 2
AMENDMENT MEETING - APPROVED AS PRESENTED
Entertain a motion to approve the January 15, 2008, BCC regular
meeting and January 16,2008, BCC regular continuance of January
15, and January 16,2008, BCC/LDC cycle two meeting.
COMMISSIONER COLETTA: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Coletta,
second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Item #3A
SERVICE AWARDS: 5- YEAR RECIPIENTS - PRESENTED
Next item we go to is service awards, and I need some help on
this. Where do we go on this? We stay on the dais or do we come
down?
MR. MUDD: Commissioner, you normally -- you normally stay
Page 6
February 12,2008
on the dais for this particular -- for this particular item. And let me
just try to find my sheet real quick.
We have a series of advisory committee service awards for
five-year recipients.
The first five-year award is for Tony Branco, and he's spent five
years working on the Lely Golf Estates Beautification Committee.
Mr. Blanco -- Branco, please come forward.
CHAIRMAN HENNING: Would you come up here, please.
(Applause.)
CHAIRMAN HENNING: Thanks for your service. Here's a pin.
COMMISSIONER FIALA: Thank you for your service.
COMMISSIONER COLETTA: Thank you. Good to see you.
COMMISSIONER HALAS: Tony, thank you so much.
COMMISSIONER COYLE: Thank you, Mr. Branco.
CHAIRMAN HENNING: We'd like to get a picture with you, if
you don't mind.
MR. BRANCO: Is this okay?
CHAIRMAN HENNING: That's great.
Thank you.
MR. BRANCO: Thank you.
MR. MUDD: Commissioner, the next five-year recipient is
Michael Delate for -- and I pronounced it correct this time, okay, on
the Land Acquisition Advisory Committee.
(Applause.)
CHAIRMAN HENNING: Thank you for your service.
COMMISSIONER HALAS: Thank you, Michael.
COMMISSIONER COYLE: Thanks, Michael.
COMMISSIONER FIALA: Good to see you.
COMMISSIONER COLETTA: Michael, thank you for your
servIce.
(Applause.)
MR. MUDD: Our next five-year recipient is Marco Espinar from
Page 7
February 12,2008
the Land Acquisition Advisory Committee.
(Applause.)
CHAIRMAN HENNING: Thank you so much. Good to see
you.
COMMISSIONER HALAS: Hi, Marco. Thanks for your
servIce.
COMMISSIONER COYLE: Thank you.
COMMISSIONER FIALA: Terrific job.
COMMISSIONER COLETTA: Thank you for your service,
Michael.
(Applause.)
MR. MUDD: Wayne Jenkins is our next five-year recipient, and
he has worked for five years on the Land Acquisition Advisory
Committee.
(Applause.)
CHAIRMAN HENNING: Thanks. Look good today.
COMMISSIONER HALAS: Hi, Wayne. Thank you so much.
COMMISSIONER COYLE: Hi, Wayne. Thank you.
COMMISSIONER FIALA: Thank you so much for your
servIce.
COMMISSIONER COLETTA: You're not mad at me for
putting you on it?
(Applause.)
MR. MUDD: Willis Kriz is our next awardee for five years of
his work on the Land Acquisition Advisory Committee.
(Applause.)
CHAIRMAN HENNING: Thank you, Will.
MR. KRIZ: Thank you.
COMMISSIONER HALAS: Willis, thank you so much.
COMMISSIONER COYLE: Thank you very much.
COMMISSIONER FIALA: Bless your heart.
COMMISSIONER COLETTA: Thank you so much.
Page 8
February 12,2008
(Applause.)
MR. MUDD: The next five-year recipient is William Poteet for
his work on the Land Acquisition Advisory Committee.
(Applause.)
MR POTEET: My pleasure.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HALAS: Thank you. You've done a great
job.
COMMISSIONER COYLE: Thank you.
COMMISSIONER COLETTA: Great tie.
(Applause.)
MR. MUDD: Our next recipient is Bradley Schiffer for his five
years on the Collier County Planning Commission.
(Applause.)
CHAIRMAN HENNING: Appreciate your time.
COMMISSIONER COYLE: Brad, good to see you.
COMMISSIONER HALAS: Good to see you.
COMMISSIONER FIALA: You guys work so hard. Thank you
for all your work.
COMMISSIONER COLETTA: Another 15 years you can retire.
(Applause.)
MR. MUDD: And our last awardee is Gerald Sugarman for his
five years on the Collier County Citizens Corps, and I'd also like to
mention that Mr. Sugarman was a founding member of the Collier
County Citizens Corps.
(Applause.)
CHAIRMAN HENNING: Thank you.
MR. SUGARMAN: Thank you. I was advised to say a few
words.
CHAIRMAN HENNING: Sure.
COMMISSIONER HALAS: Congratulations. Thank you for
your servIce.
Page 9
February 12,2008
CHAIRMAN HENNING: Can we get a picture with you first?
(Applause.)
CHAIRMAN HENNING: Mr. Sugarman wants to say a few
words, so if you'd indulge.
MR. SUGARMAN: Actually I was advised yesterday by phone
from this office that I could say a few words. And I would like to just
mention that the Citizens Advisory Committee to the Collier County
Commissioners was set up immediately after 9/11 in 2001.
Our committee operates under directions from FEMA in
Washington, D.C., and I particularly wanted to say that Collier
County, and Naples included, of course, is a safer place today because
of the work that our advisory committee has been doing.
All the directions from FEMA indicated -- and it went to all the
towns in the United States from FEMA. FEMA asked us to
coordinate all the activities between all the different departments in
Collier County, from the Sheriffs Department the first responders,
down to the second responders, from police and sheriffs and fire
department down through the Salvation Army and the Red Cross to
later responders.
I personally represent the volunteers of Collier County in RSVP,
which is led by Sharon Downy in a very, very efficient manner, and
we feel as though over the years, little by little, drop by drop, with our
meetings once a month, we have made Collier County a safer place for
all our citizens to live mainly because -- the biggest problem that was
found after 9/11 in New York City was that none of the departments
knew exactly what the others were doing and they had no such verbal
intercourse between the departments.
We have that now in Collier County that we didn't have before,
and I hope that most of the cities of the country have the same kind of
coordination and cooperation that we've had. Thank you.
CHAIRMAN HENNING: Thank you.
(Applause.)
Page 10
February 12, 2008
MR. SUGARMAN: Oh, I'm sorry. One other word. The main
reason I asked -- I had the opportunity to speak. In this capacity, there
is -- and if you have a pencil and paper handy, whether here or at
home, please keep in mind that at Barron Collier High School on
Saturday, the 23rd of February, only about a -- a week from this
Saturday night, there'll be a program on a national -- it will be a
national security briefing from the state department, again, at Barron
Collier High School, seven p.m., on radical Islam. And it's going to
be a very powerful program, and it will be about two and a half hours,
from seven o'clock until 9:30, entitled Obsession. There will be a
movie entitled Obsession, Radical Islam's War Against the West.
It's something nobody should miss. The speaker is a renowned,
well-known, very relaxed conservative type of Islamist, Dr. Juhdi
Jasser, he'll be a special guest speaker, and he is a leading Muslim
reformer, but he will let you know the dangers that we're facing with
radical Islam. And the number to call for more information is
304-5444. Thank you.
CHAIRMAN HENNING: Thank you, Mr. Sugarman.
Commissioners, we're going to go down for the next item come --
in front of the dais.
Item #3B
SERVICE AWARDS: 30- YEAR ATTENDEE - PRESENTED
MR. MUDD: We have an employee today that's celebrating her
30 years with Collier County, and that's Jodi Walters from the solid
waste department. Jodi, if you could please come forward.
(Applause.)
COMMISSIONER COLETTA: Get in the middle, kid.
COMMISSIONER COYLE: Right in front of Commissioner
Fiala.
Page 11
February 12, 2008
COMMISSIONER FIALA: Yeah, please.
CHAIRMAN HENNING: Jodi, I would like to give this to you
for your 30 years of service here in Collier County to not only the
Board of Commissioners but the community, and you've done that
very well.
I want to tell that you we upgraded it. We took a little bit of
money out of Commissioner Halas's travel budget.
COMMISSIONER HALAS: Well deserved.
MS. W ALTERS: Very pretty. Thank you.
COMMISSIONER FIALA: It is.
MS. WALTERS: Thank you very much.
COMMISSIONER FIALA: Thank you, Jodi.
COMMISSIONER COYLE: Congratulations, Jodi. Thank you
very much.
COMMISSIONER HALAS: Jodi, thank you so much for your
service here.
MR. OCHS. Congratulations.
MR. MUDD: Congratulations.
(Applause.)
MR. MUDD: Mr. Chairman, that brings us to proclamations.
CHAIRMAN HENNING: County Manager, just a minute. A
little something about Jodi's service. She's been with domestic animal
services for a number of years, and then she went to the recycling
program. I can tell you that I've tried to get my wife for years and
years, when we instituted the recycling program, the second phase of
it, and all the things that she could recycle, it wasn't until she did a
tour with the MOMS Club, and Jodi explained it. Now our recycle bin
is always full.
And so, Jodi, you're doing a tremendous job to reduce the solid
waste going into the landfill, and you convinced my wife, too. Thank
you.
(Applause.)
Page 12
February 12,2008
MS. WALTERS: Thank you.
Item #4A
PROCLAMATION FOR "ENGINEERS WEEK IN COLLIER
COUNTY" - ADOPTED
MR. MUDD: Commissioner, that brings us to proclamation, and
this proclamation for Engineers Week in Collier County from
February 17th through February 23,2008, to be accepted by Dan
Waters, professional engineer, vice-president of the Calusa Chapter of
the Florida Engineering Society, and Marlene Messam, PE. She's the
secretary of the Florida Engineering Society. If you'd please come
forward. Come up here to the front.
CHAIRMAN HENNING: Right here. Right in front. Thank
you.
COMMISSIONER COYLE: Mr. Waters isn't going to be with
us, I guess.
MS. MESSAM: I have not seen him, sir.
COMMISSIONER COYLE: Okay. Thank you very much.
Well, thank you for being with us. I will read this proclamation.
Whereas, engineers help to design, construct, and maintain the
infrastructure and facilities that contribute to the quality of life of all
the residents of Collier County; and,
Whereas, maintaining the quality of life in Collier County during
periods of substantial growth depends on engineers developing
innovative, creative, and high-quality solutions to technical problems;
and,
Whereas, engineers, above all else in the practice of their
profession, hold paramount the safety, health, and welfare of the
public; and,
Whereas, through the celebration of Engineers Week each year,
Page 13
February 12,2008
Florida Engineering Society and its Calusa Chapter are dedicated to
sustaining and growing a dynamic engineering profession by ensuring
a diverse and well-educated future engineering workforce and raising
public understanding and appreciation of engineering contributions to
society; and,
Whereas, the Board of County Commissioners wishes to
recognize and honor those individuals who live and work in Collier
County and who practice the profession of engineering in an
honorable, responsible, ethical, and competent manner and to
recognize and honor those students who have chosen to be educated to
follow a career path in the field of engineering.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of February
17 through February 23,2008, be designated as Engineers Week in
Collier County.
Done and ordered this 12th day of -- 12th day of February, 2008,
Board of County Commissioners, Collier County, Florida, Tom
Henning, Chairman.
Mr. Chairman, I make a motion that we approve this
proclamation.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Motion by Commissioner Coyle,
second by Commissioner Halas, to move this proclamation.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries. Thank you.
Page 14
February 12, 2008
COMMISSIONER COYLE: Marlene, let me give this to you.
MS. MESSAM: Thank you. I'd just like to say --
CHAIRMAN HENNING: At the mike. We'll get a picture and
then you can go to the --
CHAIRMAN HENNING: We have to get it on the speaker.
MR. MUDD: On the record, come on right up to the
microphone.
COMMISSIONER COYLE: For an additional charge of$lO,
Marlene, we'll autograph that picture for you. We're having serious
budget difficulties here, so we're raising money any way we can.
MS. MESSAM: That's right. I'm sure I'll get more on eBay once
COMMISSIONER HALAS: Good comeback.
MR. MUDD: State your name and --
MS. MESSAM: My name is Marlene Messam. I am the
secretary of the Calusa Chapter of the Florida Engineering Society.
And Commissioner Coyle and members of the board, on behalf
of the Florida Engineering Society and the Calusa Chapter, I'd like to
thank you for this recognition of Engineers Week and for honoring the
contributions of engineers in maintaining the quality of life in our
county and the state.
Thank you all very much.
COMMISSIONER COYLE: Thank you.
(Applause.)
MR. MUDD: Now, if you didn't know, Marlene works for
Norman Feder down in transportation, okay -- because you don't get to
see her all the time, she's down there working on his particular issues
as an engineer for the county. So that's great news, and I'm so glad
that she's actively involved in the Calusa Chapter.
Item #5A
Page 15
February 12,2008
RECOGNIZING FRED EDWARDS AS THE FLORIDA
EMERGENCY PREPAREDNESS ASSOCIATION, 2008
VOLUNTEER OF THE YEAR AND DEPARTMENT OF
EMERGENCY MANAGEMENT RECOGNIZES DAN SUMMERS
AS THE 2008 FLORIDA EMERGENCY PREPAREDNESS
ASSOCIATION EMERGENCY MANAGEMENT PROFESSIONAL
OF THE YEAR
MR. MUDD: That brings us to presentations, and the first
presentation is to recognize Fred Edwards as the Florida Emergency
Preparedness Association 2008 Volunteer of the Year for his service
to the Department of Emergency Management, and to recognize Dan
Summers, director of the Bureau of Emergency Services, as the 2008
Florida Emergency Preparedness Association Emergency
Management Professional of the Year.
CHAIRMAN HENNING: Commissioners, members of the
public, let me just read a little bit about Fred Edwards.
Emergency Management Department Volunteer, Fred Edwards,
has earned the Florida Emergency Preparedness Association 2008
Volunteer Award for volunteering more than 6,000 hours in
emergency management-related activities geared toward the
protecting of lives and property of Collier County residents and
visitors.
For more than a decade Fred has volunteered in every Collier
County government emergency activation (sic), including wildfire,
hurricanes and tornadoes, and had taken a leadership role in training
events and meetings and completed routine maintenance and logical
duties.
More importantly, Fred is a member of the Amateur Radio
Emergency Services Team in Collier County and is responsible for
enduring (sic) this essential resource is fully operated at all times.
Fred is an active member of the Florida Emergency Preparedness
Page 16
February 12, 2008
Association. He's also in (sic) the Florida Communication Chair, a
hurricane watch communication officer, and the Red Cross Disaster
Service human resource member.
Fred is retired from the U.S. Navy after 24 years of service.
And I'd like to present this plaque recognizing Fred as the 2008
Emergency Professional of the Year Award. I'm sorry, 2008 volunteer
award. Fred.
MR. EDWARDS: Thank you.
(Applause.)
COMMISSIONER FIALA: I had no idea you're here all the time
because you were volunteering. Wow.
COMMISSIONER HALAS: Thank you.
COMMISSIONER COYLE: You did an outstanding job.
COMMISSIONER FIALA: I mean, I thought he was an
employee.
CHAIRMAN HENNING: Can we get a picture?
(Applause.)
CHAIRMAN HENNING: Commissioner Fiala made the
comment that we thought that Fred was an employee because we
always see Fred down on the first floor where our emergency
management is housed at the present time.
Commissioners, the next person that we want to recognize is our
own Dan Summers, Bureau of Emergency Services director.
Dan has earned the Florida Emergency Preparedness Association
2008 Emergency Management Professional of the Y ear Award for his
demonstration of exceptional leadership in the emergency
management field.
And over the last four years with Collier County government,
Dan continues to promote and improve the emergency management
profession by overseeing numerous of programs, including the
implementation of disaster response units requiring mandatory
training for more than 600 emergency service personnel, and to
Page 17
February 12,2008
manage the final phase of the design and construction of the
state-of-the art emergency service center.
During his career, Dan received a General Griffin Award for
Outstanding Emergency Management Programming from the North
Carolina Division of Emergency Management, a National Association
of County Achievement Award for his disaster response unit
initiatives, and it was served on the Discovery Channel raging plant
services and Discovery Health Channel regarding disaster operation
and was awarded the presidential citation for International Association
of Managers.
And Commissioners, it's an honor to present our Dan Summers,
director of emergency managements (sic), this plaque for his
outstanding achievements, not only in Collier County, but throughout
the nation.
(Applause.)
COMMISSIONER COLETTA: Dan, pleasure.
MR. MUDD: Get a picture, Dan.
MR. SUMMERS: Thank you.
(Applause.)
MR. SUMMERS: Commissioners, it's important for me to
recognize the great team that I have working with me at emergency
management, my partners at Emergency Medical Services, our two
dependent fire districts, Ochopee and Capri, as well as the great
working relationship that we enjoy with the public safety agencies
such as law enforcement, our Sheriffs Department, the outside
agencies and the nonprofit agencies. We really do have to lock arm in
arm for preparedness as well as response.
And while we have sometimes difficult days, you have seen all of
this group roll up their sleeves and go to work during times of
emergency. And while I hate to have those emergency situations, it
makes me very proud to see how the team works and gels and bonds
and fixes things and gets our community back on our feet.
Page 18
February 12,2008
So while I don't want to have too much job satisfaction, just
know how much I enjoy it when we do work together and we do
manage those very big challenges.
We're going to have wet weather here for a couple of days that
we desperately need, and a little bit of wind, but we're going to be
right back in the wildfire season and, you know, we're working hard to
try to promote that wildfire message and we'll count on you to
continue to promote that wildfire safety message.
And we're going to be putting ourselves in a very high state of
readiness should we get into a major fire operation here before too
long. So we'll keep you in touch on those issues and just want you to
know that we are the county's biggest boy scout, and it is our job to be
prepared and we're going to continue to do that 24/7.
Thank you very much.
CHAIRMAN HENNING: Thank you.
(Applause.)
Item #5B
CONTRACTOR'S PRESENTATION BY AKERMAN
CONSTRUCTION COMPANY, INC. TO THE BOARD ON THE
STATUS OF CR 951 WATER MAIN, PROJECT #70151 AND
#70152 - PRESENTED
MR. MUDD: Mr. Chairman, Commissioners, the next
presentation is a contractor's presentation for County Road 951 water
main projects 70151 and 70152. Ackerman Construction, Company
Inc., will make a presentation to the board on the status of County
Road 951 water main project.
MR. DILLARD: Good morning, Commissioners. My name is
Ron Dillard. I'm your project manager for the County Road 951 water
main project, and I'd like to introduce Mr. Jeremy Kline from
Page 19
February 12,2008
Ackerman Construction who will make the presentation.
MR. KLINE: Good morning, Commissioners. I'm Jeremy Kline
with Ackerman Construction. I'm going to give you an update on our
951 project for the public utilities division.
This is showing an aerial view of the project location. The CR
951 project starts at the intersection of Davis Boulevard and County
Road 951 and heads south on County Road 951 to Highway 41.
The scope of the project starts at Davis where we've installed
36-inch water mains along County Road 951 to Rattlesnake
Hammock. From Rattlesnake Hammock to Highway 41, we have
installed a 30-inch water main. Along the way, we are connecting
various existing water mains to our new water line.
Progress to date. As of February 1,2008, construction is 93
percent complete in 86 percent of the scheduled time. Final
completion is scheduled for April 15, 2008. The project is on time
and within the board's approved budget of $21.4 million.
Thank you.
CHAIRMAN HENNING: Thank you. Any questions by board
members?
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. My understanding is is
actually the completion date has been moved off till April the 15th,
2008, right?
MR. KLINE: Correct.
COMMISSIONER COYLE: Now, the unforeseen
circumstances, can somebody tell us a little bit about what those were?
MR. DILLARD: Yes. One of the items was a -- down at Verona
Walk, they had asked us to place the main within the FP&L easement
in their property, but we agreed to do so if they provided the necessary
easements by a certain deadline date. They failed to do that, so we
had to go back to the original design, which delayed a little bit.
Another one was at the north end of the project where we
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February 12,2008
planned to install the line. After our survey was done, there were
several utility lines installed in that area, so we had to relocate from
the west side of the road to the median of the road. And there have
been various other smaller items along the way.
COMMISSIONER COYLE: Well, now this was done without
increasing the budget. Tell me how that was accomplished.
MR. DILLARD: Well, the budget on here is the -- included a 10
percent contingency, so there was an actual increase in the contract
amount of $270,000, but that fell within the 10 percent contingency.
It's actually one-and-a-halfpercent of the total construction project.
COMMISSIONER COYLE: Okay. All right. So it's going to be
completed on April 15th then. Are you far enough along that you can
determine that there won't be any other unforeseen circumstances?
MR. KLINE: I mean, it's hard to say, but more than likely, yes.
COMMISSIONER COYLE: Okay. All right, thank you.
MR. KLINE: Thank you.
CHAIRMAN HENNING: Any other questions?
(No response.)
CHAIRMAN HENNING: Thank you.
Item #6A
PUBLIC PETITION REQUESTED BY ESSIE SERRA T A FROM
COLLIER COUNTY HOUSING AUTHORITY TO DISCUSS
PROPOSED REHABILITATION OF FARM WORKER VILLAGE-
TO BE BROUGHT BACK TO FUTURE BCC MEETING WITH
DETAILED OUTLINE OF RETROFITTING OF PROPERTY
UPDATES
MR. MUDD: Commissioner, that brings us to public petitions,
paragraph 6. And the first public petition is by Essie Serrata from the
Collier County Housing Authority to discuss proposed rehabilitation
Page 21
February 12, 2008
of Farm Worker Village.
MS. SERRATA: Good morning, Commissioners. For the record,
my name is Essie Serrata, executive director of Collier County
Housing Authority.
In 2006, the Housing Authority received a little over 9.2 million
to rehab its oldest section of Farm Worker Village.
And to give you some background information on Farm Worker
Village, Farm Worker Village is a community of 611 units that were
built, the first phase in 1974 and the last units in 2001. It's a farm
labor housing community.
The money that we received, as I said, is to rehab the oldest
section, which is 150 units that were built in 1974.
And we're already running into some road blocks because we've
had our first meeting with the county staff, and we're being told based
on the Land Development Code, there is no guidance for rehab, just
for new construction. And basically we're being told we'd have to
bring the whole development, which is over 200-plus acres, up to
code, instead of just that one phase that we're going after to rehab,
which is what we received the money for.
Ifwe'd have to use the money to rehab the -- all the sections, we
wouldn't be able to do much. So we're here today to ask for the board
to give staff the flexibility to come up with a solution that we'd bring
back to the Board of County Commissioners at a later date.
CHAIRMAN HENNING: Questions? Commissioner Coletta,
Commissioner Halas, Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I have a question.
COMMISSIONER COLETTA: I think he called my name first,
SIr.
CHAIRMAN HENNING: Did I?
COMMISSIONER COLETTA: I heard it first, yes, if! may.
Well, staff, Mr. Schmitt or yourself, it doesn't matter. This is
very disconcerning (sic). We have a limited pot of money to work
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February 12,2008
with, and it's for reconditioning that part of the project that's the oldest
part of the project.
If they're ever forced to renovate the whole project at one time to
bring it all up to code then, of course, none of this will work and
they'll have to return the funds, in all likelihood, back to the federal
government and things would have to remain as they are, and it's
desperately needed.
What can we do, as the county commission, to be able to make
this thing go forward?
MS. ISTENES: Good morning. Susan Istenes, zoning director.
Thank you, Commissioner. I don't have any issues with what Essie
said. I'm not overly familiar with the project, so I'm basing my
knowledge based on what stafftold me and what Essie just described
today.
She is correct in the fact that our Land Development Code is very
weak when it comes to addressing what staff commonly calls retrofits,
and that's older structures where people want to come in and redevelop
them or use them for a separate -- a different use, and they have
difficulty meeting the current requirements of the Land Development
Code.
But we're also not just talking about the Land Development Code
here. And I want to make you aware of that as well. You're also
talking about the Florida Building Code, fire code, and things of that
nature too. So I don't -- I don't want you to think that it's strictly --
that the requirement to come up to current code is strictly a Land
Development Code issue. There are other issues that I can't really
speak to you about because I don't work in that area.
Let me just give you a little bit of background and maybe you--
COMMISSIONER COLETTA: I have to interrupt you for just a
moment.
MS. ISTENES: Sure.
COMMISSIONER COLETTA: Estie (sic), at any point in time,
Page 23
February 12,2008
did the construction that you're planning to do, are you asking for
relief from the fire codes and the --
MS. SERRATA: No. We are fully aware that we would have to
bring anything that deals with health and safety up to code.
COMMISSIONER COLETTA: Right. So that's not an issue.
MS. SERRATA: No.
COMMISSIONER COLETTA: I just wanted to make sure we
all understood that.
MS. ISTENES: Sure, and that could include widening streets,
for example, to allow fire trucks to go through. Again, I'm not fire
code.
COMMISSIONER COLETTA: But once again, too, specific to
the project that they're working with, the phase in the project that
they're working with, they can't afford to do the whole development.
That's the whole contender here.
MS. ISTENES: I understand.
COMMISSIONER COLETTA: If you could address that, that
would be the most important part of this conversation.
MS. ISTENES: Okay. Well, I guess what I'm saying is, the code
is very weak there, and I guess what I would ask is, if the board is
endorsing that process where only a portion of the project can come
up to code rather than the whole thing, we could certainly work with
Essie.
I would request maybe that she set up a meeting with myself and
Joe Schmitt and we can walk through and see what she's trying to do
and help her from that perspective.
She met with staff and then came directly to you, so I don't have
any of that background other than what was presented today, and we'd
be happy to work with her to try to make that happen.
Weare going to be coming forward with a code amendment
either this year or beginning of next to address these retrofit situations
so that in the future we can meet with petitioners and have a specific
Page 24
February 12,2008
plan or specific set of guidelines that they can abide by and so we can
make it happen.
It's really hard, it's -- economically for people to bring sites up to
current standards. And ifthere's a way we can address that
incrementally so that in the long run we end up with a building that's
up to current standards and doesn't cost somebody an arm and a leg to
do, I agree with you, Commissioner, the whole community is
benefitting.
COMMISSIONER COLETTA: But, of course, we've got a time
frame here that's very narrow so we can't wait for a tremendous
change of our direction where we could --
MS. ISTENES: I understand. All I'm asking is that the board
endorse -- because we don't have anything really well structured in the
code, that if the board endorses what I would call kind of a piecemeal
upgrade, that we would work towards that with Essie.
CHAIRMAN HENNING: Commissioner Coyle and then
Commissioner Halas.
COMMISSIONER COYLE: Yeah. I agree that we need to do
something, and I think Susan's suggestion about a phasing plan would
be appropriate, particularly here.
Essie, do you have plans to upgrade the entire facility?
MS. SERRATA: Yes, we do.
COMMISSIONER COYLE: Do you --
MS. SERRATA: Ifthere's funds available, yes.
COMMISSIONER COYLE: Do you have a general time frame?
MS. SERRA T A: For the whole development or -- no, we don't.
It's contingent on funds availability.
COMMISSIONER COYLE: Okay. Would five years or 10
years --
MS. SERRATA: Well, we're--
COMMISSIONER COYLE: -- be reasonable?
MS. SERRA T A: -- working on doing a 20-year plan based on
Page 25
February 12,2008
what USDA is asking us to do based on some items that were done.
We did a capital needs assessment as part of our application for this
funding, which basically listed the needs of all -- of the total units, and
that's what we're working on at the moment.
COMMISSIONER COYLE: Okay. I thinks that's the key, at
least in my opinion. If someone has a long-range plan to upgrade an
entire facility, perhaps the staff could come up with a Land
Development Code change that would permit the staff to approve that
in phases so that if you wanted to define the first phase as being this
particular project, you could get approval to do that and proceed, but
would have developed a long-range plan for addressing the entire
facility.
So I'm looking for -- I'm trying to suggest that we develop a Land
Development Code change or provision that will address all users in a
similarly situated position so we wouldn't have to be doing this
individually, and I think that's what you have in mind.
MS. ISTENES: Exactly. And I appreciate your feedback,
Commissioner.
COMMISSIONER COYLE: Yeah. So I think if we required a
long-range plan and then a phased approach, then the staff could
approve the phased approach and everybody would be happy.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Does the USDA have similar
requirements that FEMA has in regards to a certain percentage of
rebuilding a project, kicks in where you have to bring everything up to
code?
MS. ISTENES: I can't answer that, Commissioner. I--
COMMISSIONER HALAS: Can anybody from --
MS. ISTENES: I'm not sure what you're referring to.
CHAIRMAN HENNING: -- development services answer that?
CHAIRMAN HENNING; County Manager can.
COMMISSIONER HALAS: Oh, I'm sorry.
Page 26
February 12,2008
MR. MUDD: Can I try to get -- I think we're missing a point
here.
Essie, how many single family homes you got out there?
MS. SERRATA: We have 611 units.
MR. MUDD: Okay. And you're going to bring up to speed the
150 --
MS. SERRATA: Of the first development.
MR. MUDD: -- worst of the worst, and you're going to bring
those up to modern code, every bit of modern code?
MS. SERRATA: Right, and that may be a two phase
development.
MR. MUDD: Okay.
COMMISSIONER HALAS: All right. I was thinking that we
were trying to circumvent anything that was put into place. And so if
we were going to exceed a certain percentage of -- okay, answered.
CHAIRMAN HENNING: Essie, do you have any, like,
resolution or minutes where the authority approved your petition?
MS. SERRA T A: No, I don't have. I have authority as the
director to basically put the plan together for the rehab of the Section
8.
CHAIRMAN HENNING: Yeah. Usually at our level, we have,
you know, in this case appointed officials petitioning the board, and I
just don't know how the five-member authority feels about what you're
proposing, not only -- I don't know what you're asking. Our code
deals with a lot of issues, and I'm assuming you're just asking for a
deviation for things of landscaping.
MS. SERRATA: Correct.
CHAIRMAN HENNING: I don't know if you're talking about
water retention, you know. Those things I don't know about. I don't
know if you're talking about health, safety, and welfare issues.
MS. SERRA T A: We haven't gotten that far in the plan.
CHAIRMAN HENNING: Yeah. So in my perspective, that's
Page 27
February 12,2008
more important to me than landscaping, but I just don't know what
you're asking about deviation of the Land Development Code because
there is so much that it refers to.
So we really need more information. Ms. Istenes doesn't have the
information on your particular petition, so on and so forth. We do not
accept public speakers on petitions. This is an item, I think the board,
what I'm hearing, wants to come back at a future time so that we can
get some details of what the petition is saying. But most important, I
want to know how the authority thinks. They're actually in charge of
the decision making of the authority.
MS. SERRATA: They're pretty up to speed on what's going on
because our board only meets quarterly.
CHAIRMAN HENNING: That's a choice.
MS. SERRATA: They have given me, by resolution (sic), to
move forward with this project, making the decisions.
CHAIRMAN HENNING: Yeah. That's a choice when you
meet. Commissioner Fiala, Commissioner Coletta. But I understand
what -- the consensus is, we want some more information to bring it
back.
COMMISSIONER FIALA: Yes. And we certainly want to see
this project move forward because we want people to be living in a
safe environment, obviously.
Will-- just a question. We were talking about an LDC
amendment to solve this problem. Is that really the way to go? If they
only have dollars coming in and they're only good for a certain
amount of time, is there another way for us to get this process moved
forward once we have the complete information like an ordinance or
something?
MS. ISTENES: Well, I think -- if I understood the discussion so
far, I think the idea is that we're going to meet again with Essie, and
Essie needs to have a definitive plan about what she wants to do, and
then we're going to outline that, and she's going to have a long-range
Page 28
February 12,2008
plan for us and then she's going to show us what phases she wants to
do, and then we're going to have a better idea of what the requirements
of the code and other entities are going to be.
For example, South Florida Water Management District.
Obviously there's things that we don't have authority over that they're
going to have to abide by regardless. So we'd like to just outline that
to you at a later meeting, and then basically get you all -- your
support, I guess, or endorsement, of that plan.
The LDC amendment is for -- is a long-range plan to address
projects like this or projects that are similarly situated throughout the
county, and that's something we've been talking about with DSAC for
a number of years now.
We've just now got some help -- some assistance from them in
the form of a subcommittee and we also have our contract attorney
coming in this week, and that is one of the items that we had presented
before to you as a priority, that and dealing with nonconforming
structures, which are -- nonconforming situations, which are very
related to this.
So that's more of a long-range plan in order to address this. In
the interim we'll need to come back to you.
COMMISSIONER FIALA: But we could move forward with
this phase once this information comes in, and they work with you on
a plan, right?
MS. ISTENES: That's my understanding, from what I'm hearing.
MS. SERRATA: And that's why we're here today, is to get that
flexibility to work with staff to bring something back to the Board of
County Commissioners.
COMMISSIONER COLETTA: Estie (sic), just to clarify a
couple points. How much money's involved from the federal
government?
MS. SERRATA: Just a little over 9.2 million.
COMMISSIONER COLETTA: Okay. And this $9.2 million,
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February 12,2008
you have to have action underway by what point in time?
MS. SERRATA: Twenty-four months, and we were obligated
the money in December of 2006. So that's when the time clock really
starts.
COMMISSIONER COLETTA: So in 2008 -- December of 2008
IS --
MS. SERRATA: Is when we--
COMMISSIONER COLETTA: -- the do or die date?
MS. SERRATA: We have to have something going by that time,
yes.
COMMISSIONER COLETTA: Okay. Is this -- how's this going
to work with our schedule? Of course, an LDC change is impossible.
That would never work.
MR. MUDD: Commissioner, as soon as Essie can get those
documents together, okay, she'll meet with Susan, Susan will go over
it with staff and get what issues resolved, and we'll get it back to the
board as fast as we can. And as soon as the board chops off on the
plan and the phasing, they can go about doing their business
irrespective, and the Land Development Code change will come at a
future time.
COMMISSIONER COLETTA: One last question, if! may.
And I do appreciate your patience.
Suppose this -- for some reason there's some technical delay and
you miss out on it, do you have to return the money?
MS. SERRATA: Yes.
COMMISSIONER COLETTA: And the project would have to
remain in the state that it's in now?
MS. SERRATA: That's correct.
COMMISSIONER COLETTA: Okay. Thank you very much.
CHAIRMAN HENNING: Okay. Great, thanks. Thank you.
MS. SERRA T A: Thank you.
CHAIRMAN HENNING: Next petition?
Page 30
February 12,2008
Item #6B
PUBLIC PETITION REQUESTED BY MARISOL MACIAS TO
DISCUSS RATES FOR ROTATION WRECKER COMPANIES-
COUNTY MANAGER TO BRING BACK TO FUTURE MEETING
AND PETITIONER IS TO PROVIDE PROOF OF COST
INCREASE
MR. MUDD: Petition -- the next petition is 68. It's a public
petition request by Marisol Macias to discuss rates for the rotation
wrecker company. And I hope I pronounced your name right. And if I
didn't, I'm very sorry.
MS. MACIAS: Macias. It's okay. Not a problem.
Good morning, Commissioners. As he said, I'm Marisol Macias.
I own Carlos Towing here in Naples, Florida, and we are on the north
side rotation for the Sheriffs Office wrecker services.
I'm here today to ask your consideration in raising the
nonconsent towing rates as they're in the Florida Statutes 9938. It's
been almost a decade since they have been raised. And as you know,
the cost of living and the cost of doing business here in Naples
continues to rise, so have our tow trucks and our insurances and
everything else.
I don't know how we go about it as far as how to change this.
I've not been involved in this. I'm just asking to get some feedback in
that way, of how I can go about that, along with my colleagues, in
changing that situation.
CHAIRMAN HENNING: Okay. Can I ask you a question?
MS. MACIAS: Sure.
CHAIRMAN HENNING: I can't base a decision on what you
write down here.
MS. MACIAS: Right.
Page 3 1
February 12,2008
CHAIRMAN HENNING: And the county manager is the one --
or with the help of the county attorney -- that crafts any changes to the
ordinance, but I don't want to do it on, you know, on somebody's
saying, cost of living is going up, so on and so forth. Can you provide
more information about what you're saying?
MS. MACIAS: As far as -- I mean, everybody gets raises in
what they do, and these gentlemen that go out there and are considered
first responders as well as what the Sheriffs Office, you know, their
work is going -- I don't understand.
CHAIRMAN HENNING: Well, I think the board members have
seen correspondence on the contrary that the public thinks your rates
are too high. So, you know, I would like some kind of proof to say--
everybody's property taxes have gone up.
MS. MACIAS: Right.
CHAIRMAN HENNING: You know, and what you're saying, I
believe, is, it's hard to do business here with the present rates.
MS. MACIAS: Correct.
CHAIRMAN HENNING: I would like some kind of proof of
that.
MS. MACIAS: Okay. So would you like me to go and get other
counties' feedbacks to what the State of Florida all around is charging?
I mean, I've never done this before.
CHAIRMAN HENNING: I think we already have that
information --
MS. MACIAS: Okay.
CHAIRMAN HENNING: -- and it's not out of line. So if it's
contrary to what is happening in the rest of the state, show me.
MS. MACIAS: Okay.
CHAIRMAN HENNING: You know -- you understand what I'm
saying?
MS. MACIAS: Yes. You want proof that we are -- that we need
an increase in our rates?
Page 32
February 12,2008
CHAIRMAN HENNING: Correct.
MS. MACIAS: Okay. Well, I will get back with you on that
then.
CHAIRMAN HENNING: County Manager has something.
MS. MACIAS: Yes, sir.
MR. MUDD: Commissioner, I've been -- back in November we
had a query to both Commissioner Coletta and Commissioner
Henning about rates. And what I -- I met with staff in community
development's -- Michelle Arnold and her staff and the county
attorney, and I want to make sure that you understand the ordinance
requirements are down here, so we're talking about something out of
the blue, okay.
There's class A, class B, and class C. The base rate for class A is
$90, okay. And then it's -- the mileage rate is $1 each half mile. And
what I did in blue is I said, okay, then it's basically $2 a mile.
And then there's an hourly rate, but it's 6 -- and the hourly rate is
$16 each quarter hour. And then the class B underneath is $125. It's
1.50 each half mile, which is $3 a mile. And then it's $21 each quarter
hour, which is $84 an hour, and then you've got your class C, which is
185,2.25 each half mile, which is 4.50 a mile, and then $32 each
quarter hour.
And what I had staff do to see if we were in line or not or --
because we wanted to take a look, first of all, that the complaints came
in, that folks felt like they were gouged because some of the bills were
either $350 or $500 and had storage charges for overnight storage and
whatnot.
And so we went and I had staff go do verbals with the companies
that are listed on this particular list, okay, for the -- and then the
different classes and then what the base rates were and then the
mileage rates and then the hourly charge.
And I'm sorry you can't see it on this thing, but I'll try to describe
it to you. Everybody on the base charge has a blue check, so that
Page 33
February 12,2008
means that they're basically, the base rates, they're in keeping with
your county ordinance. Then you had your mileage rates, and the
$2.50, the $3, all the way down, this $5, they're all red checks. That
means they're not in keeping with your ordinance. And then we have
three blue checks, and I believe you said were Carlos --
MS. MACIAS: Carlos.
MR. MUDD: Carlos, and she's one of the only ones that's
basically staying within the rate structure. She's got blue checks right
there. And then -- and then the folks below that list, most them are in
red.
Then when you get to your hourly rate, I just get straight hourly
rate. And my question on this chart back to staff was, it says -- are
they saying that any portion of an hour is rounded to the next hour?
Because your ordinance basically says you should charge by quarter
hour.
And so, that's where -- that's where I'm at right now in this
investigation. And the base rates, everybody's in keeping with the
base rates. She represents one of the only companies that's in keeping
with the mileage rate. All the rest are above it. Anybody that was
below it, I checked it as okay.
And then the hourly rates, for the most part, it's about a 50/50
split on that, but I'm seeing that they're charging straight up hourly and
they're not going by the quarter hour. So that's kind of where we are
in this particular juncture, what I can tell you off the investigation.
So my basic chop on this one was, the mileage rate's off just
about for everybody and the hourly rate.
Now, this is what they charge the regular customer. This isn't
what they charge by your ordinance. By your ordinance they have to
keep within your ordinance. So I wanted to make sure if we were
under or over in our ordinance in that process, and that's what I found
out so far, sir.
CHAIRMAN HENNING: Yeah. But I do think it's time us for
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February 12,2008
to address the private property tows. I don't like what's going on in
some of these HOAs and how they're being towed, and in particular
out of county.
I don't like the fact that some of these towing companies are
going into complexes and towing cars because they have an expired
tag that wasn't called in. I don't think that is proper, and I want to
tighten that up.
We shouldn't be -- we should be addressing issues of health,
safety, and welfare, not promoting business, and it's getting very
expensive to our -- to the general public.
Commissioner Coyle, you had something to say, and
Commissioner Coletta?
COMMISSIONER COLETTA: Yes.
COMMISSIONER COYLE: No.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: You're right. Of course, we
can't assume that every practice that we hear out there that's negative
is by this particular company. As we've seen, they have complied
with the rates while the other ones haven't. You're right, the industry
in general could use a little housekeeping. There's no doubt about it. I
think this is an item that we should bring back, and we should invite
the other carriers, or what do you -- wreckers?
COMMISSIONER FIALA: Towing companies.
COMMISSIONER COLETTA: Towing companies -- to also be
here at that meeting as we address how the rate structure works.
There's got to be some sort of code of ethics. There isn't, and these
people -- not you or particularly your company, but there has been
some abominable situations --
MS. MACIAS: I agree, I agree.
COMMISSIONER COLETTA: -- out there that is second to
none, and the disrespect they show to the public when they call up
trying to get assistance getting their car back, definitely these people
Page 35
February 12,2008
need some help as far as public relations go.
MS. MACIAS: I do agree, and that's one thing that we -- I
personally have said also. My company only does strict rotation
wrecker calls. We only work with the Sheriffs Office. I do not do
public calls. I do not go into any type of apartments. I don't do any
private property towing. That's exactly what I do.
CHAIRMAN HENNING: Well--
MS. MACIAS: And there is a lot of cleanup, there's a lot of less
companies that don't -- don't comply with that. They're fly-by-night
companies. Lots of them have come in from other coasts, and they are
making a bad name for us. While we are trying to stay afloat with the
rates that we have.
I understand that some people cannot afford some of the rates,
but they also have the option of coming back the very next day to pick
up their vehicles where it's a lot cheaper for them, and other people
leave them there for two weeks and then wonder why they can't get
their vehicles back, or not that they can't get them back, but can't
afford to get them back at that time.
CHAIRMAN HENNING: Yeah. I apologize. I took some of
your time. And is there anything else you want to say before we
deliberate?
MS. MACIAS: No.
CHAIRMAN HENNING: Okay. Thank you.
MS. MACIAS: Thank you.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. I was looking at your rate list
here. I have some questions I'd just like to ask you, if possible.
MS. MACIAS: Okay.
COMMISSIONER HALAS: You have a storage fee of $30 after
the first six hours.
MS. MACIAS: Yes, sir.
COMMISSIONER HALAS: What is it for 24 hours?
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February 12,2008
MS. MACIAS: It's $30 --
COMMISSIONER HALAS: Okay.
MS. MACIAS: -- up until the 24th hour, and then after that
point, once it's been there for two days, or over 24 hours, then we'll be
able to charge.
COMMISSIONER HALAS: Okay. The only question I have,
you have a labor charge of $64 an hour. When does that start, as soon
as you get the call till you bring the vehicle back in?
MS. MACIAS: No. The way I've been charging it is from the
time that the driver gets in the vehicle and actually drives to the call.
COMMISSIONER HALAS: That's what I'm saying, and then --
MS. MACIAS: Yes.
COMMISSIONER HALAS: So it could be two hours a round
trip or three hours round trip, so it's $64 an hour; is that correct?
MS. MACIAS: Yes. What we -- what I usually do is I--
COMMISSIONER HALAS: Yes or no?
MS. MACIAS: Yes, sir.
COMMISSIONER HALAS: Okay.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HALAS: Thank you.
MS. MACIAS: Thank you.
CHAIRMAN HENNING: And you're looking at the ordinance
right now; is that correct?
MR. MUDD: Yes, sir.
CHAIRMAN HENNING: County Manager? So, you know, if
somebody can bring you a cost of doing business and we can verify
that it's -- the rate's not in line, I'd be willing to consider it and I think
my colleagues would.
COMMISSIONER FIALA: Absolutely.
CHAIRMAN HENNING: But based upon, you know, the cost
of buying a truck and the property taxes, that's not enough for me to
make a decision to adjust the rates.
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February 12,2008
MS. MACIAS: Okay.
CHAIRMAN HENNING: So if you want to get together with
the county manager at another date, kind of show what it's like in a
towing company in Collier County, I think that we would have
something more to base our decisions on later on.
MS. MACIAS: Okay.
CHAIRMAN HENNING: Thank you.
MS. MACIAS: Thank you.
MR. MUDD: Commissioner, the next public petition --
CHAIRMAN HENNING: Yeah. The county manager's bringing
it back anyways.
Commission Coletta?
COMMISSIONER COLETTA: How we going to deal about --
with the ethics part of the issue with the other companies? I'd love to
see it somehow knit into the whole thing. I think that we're partly
responsible for the way we enforce the rules and regulations and how
we make them for some of the atrocities that are taking place.
CHAIRMAN HENNING: Well, the conversations I've had with
the county manager, there's going to be a lot of things in this revised
ordinance, working with the Sheriffs Department on -- not only on
their tows, but these private property tows. County Manager has got
some unique ideas about securing vehicles and so on and so forth.
So what kind of ethic thing would you like to see in it?
COMMISSIONER COLETTA: Well, I think you just covered a
number of the different issues, you know, people's cars being towed
from their own driveway because they violate -- the bumper of the car
sticks over the edge of the sidewalk by an inch and a half, tremendous
dis -- puts them at a tremendous disadvantage. Of course, cars that are
impounded and not sufficient warning, just the way they handle their
phone calls. I mean, the complaints have been unbelievable, when
people would call some of these less reputable companies, the
disrespect they would get over the phone.
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February 12,2008
CHAIRMAN HENNING: Okay.
COMMISSIONER COLETTA: It's something I'd like to see.
CHAIRMAN HENNING: I know that the county manager's
looking at some of those private property tows and when they can tow.
MR. MUDD: Because right now your ordinance only covers
those tow charges where it's a sheriff called because a vehicle is
stalled out on a highway or whatever. We're talking about an
expansion to the ordinance where it would cover towing charges for
any tow in Collier County to see what the legalities of those particular
Issues are.
There's going to be some requirements in there for the company
to be -- to be licensed in the county so that they understand what those
fees are that they can charge so that, you know, they just can't go out
there willy-nilly and grab any charge that they possibly can.
Right now we don't have anything in our ordinance that talks
about the storage fee for the car that gets towed. We're going to have
to address that particular issue, because what we're seeing in the bills
is that's where there seems to be the gouge transpiring.
As I mentioned, right now your ordinance says they charge not at
an hourly rate but they charge on the quarter hour, according to your
ordinance. We just had a conversation by the petitioner that basically
talked about an hourly charge.
Well, if it only took me 10 minutes to get it done and I get
charged an hour but it was supposed to be done on a quarter hour, so
instead of 64, it should have been 16, okay. So there's some things
that we need to address, especially when you start getting into long
hours and things like that, because it can get quite expensive really
quick.
And so I'll take a look at that, and I hope the petitioner comes to
see me on some of her fees and exactly her cost to do business so that
we can get a better idea and then come forward with the holistic
ordinance that makes some rather drastic changes to this ordinance
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February 12,2008
that doesn't seem to be meeting the bill right now.
CHAIRMAN HENNING: Yeah. Commissioner Fiala?
COMMISSIONER FIALA: And you'll involved the Sheriffs
Office, too, with this?
MR. MUDD: Absolutely, ma'am.
COMMISSIONER FIALA: Okay. Are you going to bring that
back to us on a regular agenda, or are you going to do it in a
workshop?
MR. MUDD: No. We're going to -- we're going to, first of all,
come back to hear some things that we're talking about that we can
legally do. And once I get the board to say, okay, we agree with that,
then we'll go out and advertise the ordinance at another meeting.
COMMISSIONER FIALA: Okay. Thank you.
CHAIRMAN HENNING: Thank you. Do we have any more
public petitions?
MR. MUDD: Yes, sir.
CHAIRMAN HENNING: We did.
Item #6C
PUBLIC PETITION REQUESTED BY CHARLES COSTER TO
DISCUSS EXTENSION OF TEMPORARY USE PERMITS FOR
WOOLBRIGHT V ANDERBIL T SHOPPING CENTER - MOTION
TO EXTEND TEMPORARY USE PERMIT - APPROVED
MR. MUDD: We have one more, and it's a public petition
request by Charles Coster to discuss the extension of temporary use
permits for the W oolbright Vanderbilt shopping center.
MR. COSTER: Good morning, Commissioners. Thank you for
seeing me today.
My name is Chuck Coster. I'm the property manager for
Woolbright Development for the Collection at Vanderbilt at
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February 12,2008
Airport-Pulling Road and Vanderbilt Beach Road.
We're respectfully requesting an extension of temporary use
permits applied to the property. The Collection at Vanderbilt is a new
center, of course, that, upon completion, will be approximately
226,000 square feet. It will have approximately 73 tenancies,
including stores, restaurants, and services. In addition, there'll be two
single-use pad sites.
Phase 1, which is currently opening, consists of 39 spaces with
24 leased, 14 open, and six more opening before the end of May.
Phase 2, of course, is under construction and will open in 2008
with a total of 34 tenancies, and there'll be two pad sites in Phase 2.
The project is currently allotted 42 days per calendar year, which
we issue in seven days at a time for a single user, allowing six weeks
for temporary banner signage, to celebrate store grand openings or
special events at the project.
In 2007, between the first store openings in October and
December, all of the six blocks for 42 days were used by tenancies
opening for business. For the six weeks allotted for 2008, two of those
blocks of seven days each have been committed to two tenants. The
remaining four are reserved for tenants opening in 2008.
Beyond that, we have additional requests by tenancies who, of
course, everybody would like to have a banner out for a week at a
time; however, we are conditioning those reservations based upon
significant use and their impact to the community.
We're asking for the additional 28 days which is allowed,
according to staff, which equates into four weeks in calendar year
2008 in order to provide opportunity to make the public aware of
significant additions to the community at the center.
This, in no way, meets all of the requests for reservations;
however, it would give a fair opportunity for exposure and awareness
as the shopping center continues to open to tenancies, restaurants, and
services within the center.
Page 41
February 12,2008
In perspective, again, we're allowed six weeks, currently 42 days.
We're asking for 28 days. Another four weeks, basically, would give
us a total of 10 weeks for the entire calendar year of 2008.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yeah. I have to agree with you on
that. With all the new shops that are opening up in there, we sure
want to make sure that they get a good start in attracting people to
come there and shop.
So I feel that we should see what we can do about giving you
some leniency and the shopkeepers that are opening up in there. Most
of them are mom and pop stores.
MR. COSTER: Yes.
COMMISSIONER HALAS: Those are the type of people that
really need help.
CHAIRMAN HENNING: Do you need a motion on that,
County Manager?
MR. MUDD: Yes, sir. I'd appreciate having the -- a motion so
we can extend it. Right now staff can't extend it anymore than we
have.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER HALAS: Second.
COMMISSIONER FIALA: Second -- oh.
CHAIRMAN HENNING: So there's a motion by Commissioner
Coletta, second by Commissioner Halas, to extend the temporary use
permit.
MR. MUDD: He's asking for 28 days during calendar year 2008
more.
MR. COSTER: That's what we're allowed, the maximum, yes.
CHAIRMAN HENNING: For the maximum of --
MR. COSTER: Additional.
CHAIRMAN HENNING: -- 28 days; is that correct?
COMMISSIONER COLETTA: That's correct.
Page 42
February 12, 2008
CHAIRMAN HENNING: Additional, okay. Any further
discussion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimous. Thanks.
MR. COSTER: Thank you very much.
Item #9 A
RESOLUTION 2008-41: APPOINTING SHARON KING TO THE
HALDEMAN CREEK MAINTENANCE DREDGING ADVISORY
COMMITTEE - ADOPTED
MR. MUDD: Commissioner, 7 A, as I mentioned before --
excuse me -- brings us to paragraph 9, which is Board of County
Commissioners, and it's an appointment of a member to the Haldeman
Creek Maintenance Dredging Advisory Committee.
COMMISSIONER FIALA: Motion to approve Sharon King.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala to
appoint Sharon King, second by Commissioner Coyle.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
Page 43
February 12,2008
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Item #9B
REQUEST FOR RECONSIDERATION TO APPROVE A $99,000
BUDGET AMENDMENT FOR FISCAL YEAR 2008 TO MAKE UP
A SHORTFALL OF FUNDS AS A RESULT OF THE POLICY
DECISION NOT TO IMPLEMENT A PROPOSED FEE
COLLECTION STRUCTURE FOR EMERGENCY
MANAGEMENT SERVICES - APPROVED
MR. MUDD: Commissioner, the next item is 98. It's a request
for -- reconsider to approve a $99,000 budget amendment for fiscal
year 2008 to make up a shortfall of funds as a result of the policy
decision not to implement a proposed fee collection structure for
Emergency Management Services. And this reconsideration request
was asked by the chairman, Commissioner Henning.
CHAIRMAN HENNING: And I'm going to make that motion to
reconsideration -- reconsider.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Second by Commissioner Fiala.
Discussion? Well, we really don't have discussion on that. We'll
have discussion when it comes back.
MR. MUDD: Yes, sir
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER HALAS: Aye.
Page 44
February 12, 2008
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Passes 4-1; Commissioner Coyle in
the opposition of the motion.
COMMISSIONER COLETTA: Just a procedural question, if!
may, Commissioner Henning?
CHAIRMAN HENNING: Yes.
COMMISSIONER COLETTA: Not that I had any discussion,
but why wouldn't there be discussion on the item? Because, I mean,
we would be discussing whether the reconsideration should take place,
not the item itself. Just procedural.
CHAIRMAN HENNING: Yeah.
COMMISSIONER COLETTA: I need to know that.
CHAIRMAN HENNING: And the county manager can verify
this. My understanding on the reconsideration motion, there is no
discussion on the item but there's discussion when the item comes
back up for final vote.
David?
MR. WEIGEL: That is correct. Mr. Coletta, I think, is correct as
well in regard to the proceedings ordinance. There's no discussion on
the matter in chief, that is the action that might be taken if a motion to
reconsider is approved.
I think there can be limited discussion as to why a person wishes
to reconsider, but then you do -- but you do not venture into the
discussion of the yes-or-no vote itself that would come up later.
There's no further clarification in the ordinance in that regard.
CHAIRMAN HENNING: Do you have any questions?
COMMISSIONER COLETTA: No, that's fine. I understand.
CHAIRMAN HENNING: Thank you.
Page 45
February 12,2008
Item #9C
REPORT TO THE BOARD ON THE COUNTY ATTORNEY
RECRUITMENT PROCESS BY ANDREA SIMS OF W A TER-
OLDANI EXECUTIVE RECRUITMENT - DISCUSSED
MR. MUDD: Commissioner, the next item is 9C, and I believe
9C is related to 9D, so -- and if -- we were trying to figure out exactly
how we were going to put it down as a subject matter, so I'll read 9C
and 9D, and then we'll go from there.
9C is a report to the Board of County Commissioners on the
county attorney recruitment process by Andrea Sims, Waters-Oldani
(sic) executive recruitment, and 9D is a reconsideration by the Board
of County Commissioners of the county attorney recruitment process,
and that reconsideration is at Commissioner Henning's request.
CHAIRMAN HENNING: Well, I told the commissioners I'd put
the reconsideration on there. I can't vote for my own reconsideration.
But 9C, I think it was worthy to -- for the board to have a discussion.
I agree with what Commissioner Coletta said in his concerns and I
agree with Commissioner Coyle's concerns about the process.
The thing that is very -- always very concerning to me is the
Sunshine Law and make sure that we -- our processes meet the
Sunshine Law. There is a lot of things going on with other taxing
authorities in Collier County. I don't want to be in the media for not
doing the process right.
Now, with all that said, we understand the process was verified
and there is no concerns about sunshine. With that being said, how do
we move forward about getting advice on sunshine? Who do we
designate to give us advice on sunshine on this particular item?
And, Commissioner Coyle, if you don't mind to lead off the
conversation, guidance, I'd appreciate it. Then Commissioner Halas.
Page 46
February 12,2008
COMMISSIONER COYLE: Yeah, I -- there are a couple ways,
I think, we can deal with that. One is, that if there is a Sunshine Law
concern, that it be discussed in public, and that wasn't done in this
case. The attorneys came to us and said, we have some concerns and
we want to have a private conversation with your consultant.
And so with Ms. Filson, the project manager, they make a
telephone call, they talked with our consultant. I would gather that
nobody on this board knows what they talked about, or at least if you
know, it's what you've been told they talked about. The public hasn't
heard it. The mere fact that the issue was raised deserves a public
hearing.
So now I understand that the telephone conversation has been
completed and there is no concern but now the public is left
wondering, what was all this about? And the public isn't getting any
answers. And so I think it was much ado about nothing.
But -- now what do we do in the future? I think it's perfectly
proper, I think, for our county attorneys to advise us if there's a
problem, if they believe there's a problem with the Sunshine Law. I
don't have any problem with that. I believe those problems should be
resolved in a public meeting. That's all I'm concerned about is it
should be in a public meeting.
And if we find that that discussion in any way begins to leave the
impression that the County Attorney's Office is somehow getting
involved in the selection process, getting overly involved in the
selection process, we can always hire a lawyer to advise us on those
issues, external to the county attorney. We've done that in the past
and it protects the County Attorney's Office, it protects us, and it
meets the public's interest of, you know, having full disclosure of
what's going on here, and they still don't know.
CHAIRMAN HENNING: Okay. Well, I agree with your
direction. I mean, it's something I can support.
Commissioner Halas?
Page 47
February 12,2008
COMMISSIONER HALAS: Yes. I have some other concerns
that don't relate to Sunshine Law. When we requested to go out for a
search for county attorney to lead the County Attorney's Office, I'm
not sure if the recruiter didn't understand fully what I think all of us
were looking for.
What we're looking for, as far as I'm concerned, what I'm looking
for as far as someone in the County Attorney's Office, is skill sets and
management. I think that's a primary goal, someone that can lead. I'm
looking for a leader; I'm looking for someone to take charge and to
organize and run an efficient operation.
And what, the candidates that I've seen so far that was presented
to us, I haven't really seen where they've had a good management
skills background along with a legal background, so I have some
concerns there.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I also had a few concerns. I
understand that through the process, there were some
misunderstandings along the way where it was advertised that the job
was open until it was filled. And so, according to those guidelines,
applications were received and there was a -- somewhat of a deadline
except that then there were a couple other confusing deadlines. We
received, from what I've been told anyway, some good -- good
candidates who then weren't included because of this
misunderstanding, and I think we should address that as well.
CHAIRMAN HENNING: Well, I think we did at our last
meeting. We -- when Ms. Sims was here -- is we don't want any late
applications.
COMMISSIONER FIALA: Well, but they -- that's the point.
And we all agreed upon that. That was Commissioner Coy Ie that said
he couldn't accept anything.
We understood that they had some that came in after the fact, but
we didn't understand that they didn't realize they were late because it
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February 12,2008
said it was still open.
Now, is that fair to the candidates? And we're all about fairness,
all of us. Is that fair when you think that it's open until it's being
discussed, never realizing that it's closed? I just -- are they really late?
CHAIRMAN HENNING: Yeah. I -- anyways, I'm going to
move on to Commissioner Coletta, and then we're going to go back to
Commissioner Coyle.
COMMISSIONER FIALA: Okay.
COMMISSIONER COLETTA: I think that we got the great
direction. There's a couple points I'd like to bring up. One, we're
asking questions of each other that we don't have the answers. We
really should have our consultant come up.
Two, if we're going to have to delay the process to rethink it and
move it forward, I think we should hire outside counsel to act as our
attorney just to be able to remove any perception of conflict with the
County Attorney's Office. I don't -- I think that they're trying to
exercise due diligence, the problem is is perspective, how people are
looking at it from the outside when you've got two candidates from the
County Attorney's Office applying for the job. I think we have very
ethical people in the County Attorney's Office, but this may be a case
where we want to consider special counsel if there's going to be delay.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I would like to address this
issue of the late applicants. I looked at that stuff. There's nothing that
says that you can submit an application for this job up until the point
that the job is filled. That's not what it said. It said the job will remain
open until it's filled. Well, of course it's going to remain open until it's
filled.
How could anybody interpret that as meaning, well, I have until
June or July to submit my application when it was clear that there was
a schedule established for the interviews to begin and for final -- for
the consultant to create the short list.
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February 12,2008
Why would a lawyer applicant wait until weeks after that time to
submit an application? You know, that tells me a little bit about the
person who is applying, quite frankly.
But nevertheless, I don't find any -- anything there that causes me
any great concern. I think we've got a good list of -- a good -- it's not
a short list yet, but we've got a good list of lawyers who have excellent
backgrounds and seem to have good credentials, and I don't know why
we shouldn't just proceed with the process. I don't see any reason to
go back and start over again and start considering people that
submitted their applications late.
So that's my take on the whole thing. I think the process is good.
I think people have done a good job of managing it, and I think we
don't -- shouldn't let ourself get all upset about these details that have
been brought up at this point in time. If there was a problem with this,
why wasn't it brought up at the time the schedule was published, at the
time that the applications were solicited? Why didn't somebody tell us
at that point in time there was some difficulty? It's -- we're way
beyond that point now, and I don't see any point in changing the
process.
CHAIRMAN HENNING: Yeah, and I don't either,
Commissioner. I can't -- again, I can't even support a reconsideration.
But I thought you gave some good guidance. And we kind of need to
finish that.
Commissioner Coyle says ifthere's any other concerns about the
process, do we want to put it on a regular scheduled agenda? And I
agree with that, too.
Commissioner Coletta, you agree with that?
COMMISSIONER COLETTA: Well, basically. There's just a
couple points. One, there's a good argument about the fact that we
didn't have all the applications first off. We have them now. As we
move forward, we have to recognize the fact that they're only
suggestions we're getting from the consultant. We're obligated to go
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February 12,2008
through not only those applicants, but all the other applicants that
exist.
CHAIRMAN HENNING: And we did. I did.
COMMISSIONER COLETTA: Right. But that's something
that's very important that the public knows. While they may have
been missing at the front part, they're no longer missing. They're
there. We might even want to, if there's still an issue about the two or
three applicants that came in with the deadline, we may even want to
put them back into the mix and just have the applicants there without
going back to re-open the meeting and the issue all over again, but
still, holding with the recommendations that we have for the
consultant.
CHAIRMAN HENNING: Okay. The only question I have for
my colleagues at this point, not to try to end the discussion, is, if there
are concerns about the process, it shall be on the agenda for the board
to discuss it. Are you okay with that?
COMMISSIONER COLETTA: Correct. But we haven't made
that decision yet, correct?
CHAIRMAN HENNING: Commissioner Halas, do you have
anything?
COMMISSIONER HALAS: Yes, I do. Scott, can you elaborate
in regards to the tardiness and how that may have occurred in regards
to a couple of the applicants?
MR. TEACH: Yes. Scott Teach with the County Attorney's
Office. Commissioner, I want to address that, and I do want to add
something to the record to sort of help Mr. -- Commissioner Coyle's
concerns, and these are the questions and the answers that were
discussed during the meeting with Sue Filson and the recruiter,
myself, and Robert Zachary with our offices, so that the public can
know exactly what we are asking. It was primarily a numerical
review of how it was narrowed down to make sure that there were no
issues there.
Page 51
February 12,2008
Getting back to your question, Commissioner Halas, the -- as the
board knows, there were advertisements for this position and po stings
in legal publications and on the recruiter's websites, which indicated
that there would be a first review of resumes and applications on
January 17th. And as has been said by this board, the position was
open until fulfilled.
Now, there can be a little ambiguity there. I've looked at other
universities, agencies, and people who are posting, and sometimes
they word it a little bit different to make it clear that, for example, the
17th is the absolute deadline. For example, Florida Gulf Coast
University recently posted a position for their assistant general
counsel, and they said, all applications must be received by the 31 st,
for example.
COMMISSIONER HALAS: Was that on this website?
MR. TEACH: No, it wasn't. It wasn't on there. It was the
university's own website. I'm just using it by comparison. So there's
different ways of wording that.
But ultimately what we concluded after -- and we gave no legal
advise to the consultant -- because that was the direction of this board
when we spoke with her. Internally we concluded that reasonable
persons could differ on whether the 17th was or wasn't a deadline.
If the consultant -- that was her deadline, I think a reasonable
person could conclude that was a deadline and the board ratified that.
So on that issue, that's the board issue, and I will not interfere with
that, and I think the board has ratified that.
I do want to make one comment regarding the process in general,
because we have concluded that the process in general is fine. There
is one thing I want to note for the record though. In 2003, the Indian
River County school district went through a similar process where
they hired an Illinois recruitment firm. And in that instance, the
recruiter kept all the materials, the resumes, applications, in Illinois.
A private citizen requested the materials, and they were unavailable
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February 12,2008
because they were in Illinois.
They went to the general counsel for the Florida Attorney
General, Pat Gleason, who is now the cabinet chair of Governor Crist
open for access -- access to open government cabinet position, and she
opined that you have to have all those materials locally and they all
have to be provided.
And one other thing I wanted to provide the board was, on
January 22nd the recruiter provided the board with a memo in advance
of the 29th meeting in which she indicated that she would be
providing all the resumes.
And so if nothing else came from this investigation or
exploration or communication was that she has provided all those
materials here in Collier County, which is a requirement of the
Sunshine Law. So I'm comfortable now that this vetting has
accomplished protection for the board, openness to the citizens of
Collier County, and I think if this board desires to go forward, they
can freely do so now.
I think Commissioner Coletta's comments regarding an outside
person or outside firm if there are future issues is a valuable one
because obviously we do feel some tension regarding throwing our
ourselves in this process, but yet I want the board to know that we feel
a need to protect the board and to protect the citizens and that that was
the only intention of getting involved in the process.
CHAIRMAN HENNING: Okay.
MR. TEACH: And I will provide these to the --
CHAIRMAN HENNING: Are we ready to move on to 9D?
COMMISSIONER FIALA: Just one -- did he answer your
question, Commissioner Halas? I didn't hear that answer.
COMMISSIONER HALAS: I think it was hidden in there.
COMMISSIONER FIALA: Oh, okay.
MR. TEACH: Squeezed in the middle, sir.
COMMISSIONER HALAS: But again, maybe some
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February 12,2008
clarification. When you checked other websites, there was a definitive
answer in regards to when the closing date was? On this particular
website, was there an -- a definitive answer in regards to when the
applicants had to have all of their applications in?
MR. TEACH: I don't think it was definitive, sir, to answer you
briefly, and I think that it potentially could be open to interpretation,
but I think the board ratified the poster; the recruiter, she believed in
her mind it was the 17th and the board ratified that.
COMMISSIONER HALAS: Okay.
MR. TEACH: So I think in that sense, that issue has been
resolved.
COMMISSIONER HALAS: Okay.
MR. TEACH: I do have these two memos for the inclusion of
the record.
CHAIRMAN HENNING: Can we move on to 9D?
COMMISSIONER COYLE: If I could just very quickly amplify
this just a second. One of the reasons that you put that statement in
these recruiting posters is that you notify the potential applicants that
you're not putting a temporary person in that position to fill it during
the recruit process.
CHAIRMAN HENNING: That's how I read it.
COMMISSIONER COYLE: That's exactly right. It is not there
to give people the impression that they have until the date the thing is
filled to get in an application. I just can't believe any lawyer would
think that that would be -- would be the case.
Now, the other thing I'd like to -- I'd like to support
Commissioner Coletta's statements that we probably have the most
ethical county attorney and County Attorney's Office that -- in the
State of Florida. I do not believe that any of you are attempting to
influence anything here.
But let me try to tell you how the public can react to this. The
very nature of the questions that you ask a recruiter can communicate
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February 12,2008
to the recruiter this statement. If you don't select somebody from this
office who's applying for this job, you're going to have a lawsuit on
your hands. Just the manner in which those questions are asked can
convey that kind of statement, and that's why it's important that either
those questions be asked in public or they be asked by an outside
attorney, and that's my only point.
I do not wish to question the honesty or the ethics of our lawyers
here because I don't have any question about the ethics or honesty of
our lawyers here, okay. But that's the reason why I think it's important
to do it that way.
Item #9D
RECONSIDERATION BY THE BOARD OF THE COUNTY
ATTORNEY RECRUITMENT PROCESS - MOTION TO DENY
RECONSIDERATION - APPROVED
CHAIRMAN HENNING: Are we ready to move on to 9D?
I -- again, I can't support my own document on this for
reconsideration. But we -- since it is on there, we need to vote on it,
and so therefore, I'm going to make a motion to deny 9D.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Is there any discussion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
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February 12,2008
(No response.)
CHAIRMAN HENNING: Great. Now, should we take a break
before we go to the next item, Commissioner Halas?
COMMISSIONER HALAS: I think it's great for the court
reporter to have a break, okay.
CHAIRMAN HENNING: Ten minutes?
COMMISSIONER HALAS: I think 12 minutes for her.
COMMISSIONER COYLE: She's going to start quoting us
incorrectly if we don't.
CHAIRMAN HENNING: So we'll be back at 10:40?
COMMISSIONER HALAS: 10:40's good.
CHAIRMAN HENNING: 10:45.
MR. MUDD: 10:45.
(A brief recess was had.)
CHAIRMAN HENNING: 10:45. County Manager, next item is
lOA.
Item #10A
RECOMMENDATION TO REVIEW AND APPROVE THE
PROJECTS PROPOSED FOR COLLIER COUNTY'S FISCAL
YEAR 2009 FEDERAL LEGISLATIVE AGENDA WHICH WILL
BE PRESENTED TO CONGRESSIONAL DELEGATION IN
WASHINGTON D.C. FOR FEDERAL FUNDING
CONSIDERATION - APPROVED W/ ADDENDUM
MR. MUDD: Yes, sir. That is a recommendation to review and
approve the projects proposed to the Collier County fiscal year 2009
federal legislative agenda, which will be presented to the
congressional delegation in Washington D.C. for federal funding
considerations.
Ms. Debbie Wight, assistant to the county manager, will present.
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February 12,2008
MS. WIGHT: Good morning, Commissioners. Debbie Wight,
assistant to the county manager. You have before you an executive
summary with the list of recommended federal projects, and I can go
over the list with you. They are recommended by our lobbyist, the
Ferguson Group.
I can tell you that most of the nine are continued projects that
were on our agenda from last year, and I also want to tell you that our
legislative program, I'm very pleased, and the commission could be
very pleased. You do know that the '08 agenda, we did get $3 million
in awards for our projects, six of the nine projects.
And with the WUR T A authorizations, which is another $5
million, and $20 million in -- for the region, because of that, we are
continuing and keeping the momentum going. That is the strategy
recommended by our lobbyist.
So if you have questions -- or we can go down and -- go down
the list with -- and go over each project. What is your pleasure at this
point?
CHAIRMAN HENNING: Questions by the board members?
Commissioner Coletta?
COMMISSIONER COLETTA: I'll let Commissioner Fiala go
first.
COMMISSIONER FIALA: No, no. You go ahead. Go ahead
first.
COMMISSIONER COLETTA: No. I just -- I think we're right
on track. We can dilute this to the point where you sit down in that
office and you start going over it with the Congressmen to the point
where you lose their attention.
I know recently the -- we met the legislative committee for the
Regional Planning Council, and we reduced it down from like
55-some items down to about nine with the idea being that, you know,
some -- a lot of items are repetitious, a lot of them, you know, you
don't stand a chance to get, and it just distracts from the ones that are
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February 12,2008
most important for the well-being of the community.
MS. WIGHT: In supplementing that comment, I did talk to
Congressman Diaz-Balart's legislative director. She called me last
night, and she was -- she had spoken to our lobbyist, Amanda Wood,
and reviewed our proposed list, and she was very pleased that it was
down to nine or 10, and she does understand pending board approval.
She said that a couple of large counties came in with 30 and 50
and they just dreaded it. And because of our preparation and
prioritized list, it was definitely -- it was just well received and
appreciated.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, I want to comment
that -- and I said this to Jim Mudd and Debbie in my office the other
day, was -- when you guys first went up there, what was it, three years
ago, and you all went up there just for one specific purpose to help us,
and when you found out that other counties can -- are actually asking
for money and we weren't, that was the beginning of this, and you've
learned so much since you've come along.
I think the list that you've honed it down to are essential items.
They're not -- they're not flamboyant items. They're not frivolous
items. They're essential items that need to be funded.
I think that our congressmen will be able to see that and support
that as well. I think you guys have done a terrific job bringing home
dollars, much needed dollars to our community, especially in these
tough economic times, and I want to thank you.
MS. WIGHT: We thank you for your support, Commissioner.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yeah. Debbie brought up a good
point. Two years ago when we went to Washington, there was a
county that was in front of us, and a good example was that they had
about 40 or 50 items. And the legislative assistant said, we can't
address this. You're going to have to figure out what you feel is the
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February 12,2008
most important.
So I just wanted to reiterate what Deb brought up in the fact that
they're very pleased when we basically come up with nine -- seven to
nine items. They can handle that. And obviously they realized that
since it's been -- gotten board direction, the importance that it is for
not only Collier County, but Southwest Florida.
CHAIRMAN HENNING: Okay. Commissioner Coyle, do you
have anything?
COMMISSIONER COYLE: Nothing.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN HENNING: We have -- hang on. We have a
speaker?
MS. FILSON: Yes, Mr. Chairman. I have one speaker. Patricia
Spencer.
MS. SPENCER: Good morning, everyone. I'm Patricia Spencer,
and I'm here to ask you to help make Golden Gate City a better place
to live. I'm hoping you'll choose Golden Gate City's challenge of
pathways as one of the projects.
And I'm a member of the Golden Gate Civic Association. I'm a
member of their MSTU, the beautification committee, and I'm also on
the Pathway Advisory Committee for Collier County, and I've lived in
Golden Gate City seven years, and I ride my bike there every single
day.
Short history, Golden Gate City has 22,000 residents with a high
dependency on our network for sidewalks and bike lanes and public
transportation. Golden Gate City's CAT bus route has one of the
highest riderships and customers get to the CA T stop on foot or by
bicycle. Most of our schools are neighborhood schools. Buses are
minimal, and children all walk or bike to school.
What is the state of Golden Gate's current pedestrian network?
Well, most of the existing pathways are asphalt, laid down by the
county about 20 years ago as a temporary fix. Asphalt, whent
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February 12,2008
maintained, can last for several years, but Golden Gate pathways were
never maintained, and most of the system is in very poor and often
dangerous condition.
The pathways are overgrown, making them very narrow, and in
locations, our pathways have deteriorated completely. They're
washed out and they're covered with loose sand and broken.
In many locations, it no longer provides minimal service. In
many locations, the condition is unsafe, and in places, they're not
usable by those that are physically challenged.
I have a couple of short personal experiences riding my bike just
recently in Golden Gate City. I go to Golden Gate High School and
talk to the JROTC about community involvement in civic duty, and I
ride my bike up Tropicana, which is the main artery to go to Golden
Gate High School, and it's striped with one lane of traffic in each
direction, and then a narrow white line, and then there's a pedestrian or
biking lane beside that. And one side of Tropicana has a sidewalk and
the children that are walking go on the sidewalk and on the street.
But when I left Golden Gate City going north, there was no
sidewalk, so I'm out there in the bike lane riding my bike and there's
students walking up the bike lane because there's no sidewalk.
And last month I worked at the polls in the Golden Gate Library
and I rode my bike to and from via Coronado, which is another major
artery, and it has many attractions, such as a library and two shopping
centers. And the pathway's in such poor condition that in the daylight
I chose to ride in the street, sharing the lane of traffic because there's
no shoulder. So I shared the lane with all the cars, and it was a pretty
scary expenence.
So when I came home, it was dark. And I tried to ride my bike
on the narrow overgrown sidewalk dodging other riders and
pedestrians. And at one point, I just got off my bike and walked it. It
was very dark, and I didn't feel it was safe.
CHAIRMAN HENNING: Ms. Spencer, you need to wrap it up,
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February 12,2008
please.
MS. SPENCER: All right, I'm sorry. Okay. So you can help
turn this situation around. I encourage you to make Golden Gate City
a better place to live and ask you, please support pathway
improvements for Golden Gate City.
Do you have any questions?
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yeah. I think that we have where
contractors put in -- money into a fund where they have, in lieu of
building sidewalks, they put in funds on that. Is that possible for a
way of addressing some of the concerns out there in Golden Gate?
MR. CASALANGUIDA: For the record, Nick Casalanguida,
transportation planning. There is a payment in lieu fund, and it's
related to when projects have no interconnectivity, and it goes into a
district fund with that impact fee district. But it's limited, and usually
you're trying to do something in direct relationship to the development
that paid into that fund.
But part of the projects that we've done in Golden Gate City
recently have come from that fund as well, too.
CHAIRMAN HENNING: Okay, thank you, Ms. Spencer.
Commissioners, the pathways provided a detailed needs map on
-- in our agenda packet. And a lot of these sidewalks are needed for
school kids to get to school safely.
There is a lot of families in Golden Gate City that have limited
transportation, and a lot of kids need to walk to school.
I understand the long list, but I just want to point out, going down
the list, each of the commissioners has something in their district, and
even Hilary Clinton has something in here. But there's nothing here
for District 3.
And, you know, I would like to make a motion to approve the list
and include the needs map for Golden Gate City.
COMMISSIONER FIALA: And include the needs map?
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February 12,2008
CHAIRMAN HENNING: Yeah, the needs map. There's two in
here. There's an ADA map, ADA improved map, and then there's a
needs, which is page 14 of32. And that would assist the children to
get to school.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. First off, I want to tell
Commissioner Coyle down there, stop pushing your button. It's not
working.
Next I want to mention the fact that you're right to be concerned,
and I am also concerned about Immokalee and the fact that it's the
number one community in the State of Florida as far as pedestrian
deaths go.
And I appreciate the fact that the MPO committee that the lady
that just spoke to us and serves on has designated some of the money
in the past to go to Immokalee to build some of the pathways and try
to come up with ways to limit the exposure of the people in
Immokalee, because it's a walking community, to that.
However, with that said, the money is -- we do have a limited
fund of money that's in that MPO budget to be able to deal with these
types of situations, and they do it on a prioritized basis. And thank
God you're sitting on that committee, and God bless Fred Thomas
from Immokalee for sitting on that committee.
But I think that's where the funds are going to be. I'm afraid if
we add this to that, there will be another one and another one to come
up with to be able to reach out to where we try to satisfy a greater
need out there than the money that's available.
You're right, it is a need within Golden Gate City. I don't think
you're going to get there in the federal budget.
CHAIRMAN HENNING: If we take -- well, you know, I mean,
I have talked to our delegation in Southwest Florida. They don't have
a concern with this item. But if we fund -- if we have the feds fund
this, that means there would be more monies locally for Immokalee,
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February 12,2008
East Naples --
COMMISSIONER COLETTA: That's a good argument,
Commissioner Henning.
CHAIRMAN HENNING: -- so on and so forth.
COMMISSIONER COLETTA: I can't dispute that. Just one
question, and then I may be able to second your motion.
Is there anyone here that's going to want to add any other items to
this list? Okay. Commissioner Coyle just raised his hand. No, I'm not
going to do it because I know where it's going to go, and I've got
several items I'd love to add to it too and be right back where we were.
CHAIRMAN HENNING: But, you know, Commissioner Coyle
-- Coletta, you've got one, you've got I-75 on here, Everglades
Boulevard, the environmental study, you have Golden Gate
interchange, 1-75 and 84. But where do you see something in District
3?
COMMISSIONER COLETTA: Well, there's several things.
COMMISSIONER HALAS: Can I interject here?
CHAIRMAN HENNING: Yeah, as soon as I'm done with
Commissioner Coletta, Coyle.
COMMISSIONER COLETTA: Coletta. No, Coletta.
CHAIRMAN HENNING: The other C.
COMMISSIONER HALAS: Do you know which one you're on?
CHAIRMAN HENNING: Yeah.
COMMISSIONER HALAS: Okay.
CHAIRMAN HENNING: Do you mind if we finish this?
COMMISSIONER COLETTA: I forget -- I'm losing my train of
thought with these interruptions, you know.
CHAIRMAN HENNING: Yeah.
COMMISSIONER COLETTA: Going back to that, there is
some benefits to your district. I grant you, it might seem like it's
weighted. But you've got to remember the Interstate 75, Collier
Boulevard thing, the healthcare access for uninsured plan. Probably
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February 12,2008
your district is right up there with mine for the people that tap into this
particular venture.
Water interconnects. You're a boater -- oh, no. I'm sorry. This
is water for utilities. Forgive me, Vanderbilt Lagoon. That's
something that's improving the waterways for people that recreate on
the waterways.
There are things in here that are related globally to everything
that's out there. The interchange at 75, I know that's something that
you might say is predominantly District 5, but it's not. It takes pressure
off the road that will affect the whole system and make more road
capacity available for everyone else.
If I thought yours was the only new item that was going to be
added to this, I probably wouldn't mind. I'm most scared that all of a
sudden this list is going to grow to the point we're going to have
something that's unwieldly and something that's going to be meeting
the shredder at a number of different offices in Washington. That's the
only thing, Commissioner Henning.
CHAIRMAN HENNING: Well, I see--
COMMISSIONER COLETTA: Keep your option -- your
motion.
CHAIRMAN HENNING: I see there's no support to second my
motion, so I'm going to --
COMMISSIONER COLETTA: No, no, no. Can you just
withdraw it for the moment and let's see what Commissioner Coyle
has to say down there?
CHAIRMAN HENNING: Right. I'm going to remove my
motion.
COMMISSIONER COLETTA: Okay. But it doesn't mean it
can't be reinstated by someone else.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Commissioner Henning, I
would support your motion for getting this done but maybe not in this
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February 12,2008
particular submission for these federal funds, and here's why. Last
year, we jointly made the decision that the Gordon River green belt
pathway and bikeway would be consolidated, we would consolidate
all of those into a single comprehensive plan and we'd go try to get
some federal money and try to get a federal grant to try to help move
that along.
And essentially, I think we were told that, look, at the federal
level, there are more -- there are higher priority issues primarily
dealing with highways and bridges and things of that nature, that we at
the federal level have to fund, and we can't really easily go in and
argue for funding for pathways and bikeways because they're not as
critical as the other things. Now, there's some argument to that, and I
understand the safety issue in Golden Gate City to -- and I think that's
a worthwhile project. We should try to find a way to pursue it.
But what I'm suggesting to you is that I think going to the federal
government and asking them to allocate funds away from major
transportation infrastructure projects and give it to us to build
pathways and bike paths will mean we won't get any at all, and that
money will be lost.
So I would suggest that we go with the list that we have and we
jointly try to work out a way, locally and at the state level, to fund the
bike paths in Golden Gate City, to try to get the Gordon River
greenway thing done, maybe package all of those together, and it
might be a more powerful request, and get some money to do it, and
I'd be happy to support that.
CHAIRMAN HENNING: Yeah. Can I ask you a question?
COMMISSIONER COYLE: Sure.
CHAIRMAN HENNING: Obviously -- is it an opinion that
they're not going to fund it, or was you told that they're not going to
fund it?
COMMISSIONER COYLE: I recall some feedback that
indicated that there are high priority projects that are likely to have the
February 12,2008
best chance of success and that bikeways and pathways were not on
the high priority list at the federal level.
CHAIRMAN HENNING: Right.
COMMISSIONER COYLE: That it might be at the state level.
CHAIRMAN HENNING: Right. And I can tell you my
conversation with Connie Mack last night and my continued
conversation with Mario Diaz-Balart, is contrary to what you just said.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: All right? And in, fact, Mario
Diaz-Balart is excited about it. But I understand where you got your
information, and it is what it is, and I'll entertain a motion.
COMMISSIONER COYLE: Well, let me --let me -- if you don't
mind, let me provide some additional information. If that's the case,
then why don't we package these pathway projects together and
provide them as a supplemental request to this and see if we can't get
our congressmen interested in doing it.
CHAIRMAN HENNING: With the -- sure. I mean -- I mean, I
agree with that, supplemental to what we have here?
COMMISSIONER COYLE: Yeah, yeah. Ifwe can get them
interested in doing it, why not do it?
CHAIRMAN HENNING: I agree.
COMMISSIONER FIALA: Very good. That's it, because I
think four of us have walking communities. All of us are in need of
sidewalks. Some have never had any at all, and it becomes a
dangerous situation anyway. By grouping them all together, it would
make it a bigger project, and maybe see more worthwhile supporting.
And as long as Commissioner Henning has even gotten to talk with
them, we might all have a chance as a group to grab some of those
dollars and bring them on home.
COMMISSIONER COYLE: That's right.
CHAIRMAN HENNING: So you're saying put the needs -- the
needs -- the total county needs together --
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February 12,2008
COMMISSIONER COYLE: Yeah, yeah.
CHAIRMAN HENNING: -- with this.
COMMISSIONER COYLE: Yeah. And then we break them up
proportionately. You know, we arrive at some general conclusion
about how we break that money up, which ones we do first, how we
phase it, what do we do with it. And I don't have a problem at all
dealing with those issues that relate to health, safety, and welfare first,
to those issues that relate only to recreation. Okay.
CHAIRMAN HENNING: I don't want to bypass Commissioner
Halas. He wanted to speak.
COMMISSIONER HALAS: Yeah. I think that -- I understand
where you're coming from, but -- Commissioner Henning, in regards
to feeling that you're not getting due cause here, but I think when we
look at all of the federal legislative items that we -- that's been put on
the list by staff, I think what it looks like is that it -- how it affects
everyone in not only Collier County but in Southwest Florida.
And I think all of us realize that one issue, I believe it might be in
your area, is Interstate 75, Collier Boulevard, State Road 84
interchange, that one we've been working on for a number of years,
three years, going on four years, and every year we seem to be getting
additional funding for that interchange, which is -- which is, as
everybody knows, is heavily used.
We realize that the Naples Bay restoration, Gordon Pass dredging
and Vanderbilt Lagoon, this is part of the WURTA bill, and it also
helps to address issues where we're trying to make sure that we meet
the total maximum daily loads, TMDLs, that we're going to be under
here.
So I really believe that, overall, that the list is designed to take
care of huge areas of concern that are high budget and it's a cost --
basically we share the cost in regards to it.
Now, when we look at Lely stormwater improvements, we're
looking at a vast area of about 11,000 acres, and we realize that the
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February 12,2008
bill for that, just addressing that stormwater issue in the LASIP area, is
enormous, and we've always been going back, trying to get additional
funds on top of what we get from Great (sic) Cypress Basin.
So when we look at the whole thing, it's in regards to overall
concept of what's the best for everyone in the county here.
CHAIRMAN HENNING: It's Big Cypress Basin, okay, not
Great Cypress Basin.
COMMISSIONER HALAS: Well, Big Cypress Basin, excuse
me.
CHAIRMAN HENNING: Okay?
COMMISSIONER COLETTA: Yeah.
CHAIRMAN HENNING: So -- go ahead, Commissioner
Coletta.
COMMISSIONER COLETTA: Thank you, thank you, in may.
The supplemental paper, in other words, this would be the priorities
first. There would be a separate paper supporting pathways
throughout Collier County. And I just want to make sure. We do
consider Immokalee part of Collier County?
COMMISSIONER COYLE: No.
CHAIRMAN HENNING: We just send all the money there,
that's all.
I think what Commissioner Coyle says is address the safety needs
within our pathways and sidewalks. In other words, kids going to
school, that type of thing.
COMMISSIONER COLETTA: But the word supplemental,
that's the one I'm trying to clarify.
COMMISSIONER COYLE: I'm just suggesting that under
additional priorities and grants, we put the pathways there. We
maintain our priority as one through nine as they are.
COMMISSIONER COLETTA: Okay.
COMMISSIONER COYLE: And we put the other priorities
there. I still am not -- I don't get this Immokalee emergency
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February 12,2008
information broadcast equipment, but nevertheless, the board
approved that the last time it came here, so I don't expect anything
different now. But you put that there, and then if it's possible to
generate enough interest among legislators to provide us some
funding, great, let's get it.
COMMISSIONER COLETTA: I'll second your motion.
CHAIRMAN HENNING: Okay. Commissioner Halas, you
want to -- anything to add on the motion?
COMMISSIONER HALAS: Just as a suggestion. Since there's
an MSTU out there, does that -- maybe that's one way to supplement
addressing some of the sidewalk issues. I'm not sure what all of your
concerns are with using the MSTU up there.
CHAIRMAN HENNING: Is there any other discussion on the
motion?
COMMISSIONER COLETTA: No, I'd just like to comment on
Commissioner Halas's MSTU. The MSTU was specific to Golden
Gate as far as improvements along the Parkway. Why should we
burden their MSTU --
COMMISSIONER HALAS: Okay.
COMMISSIONER COLETTA: -- when the rest ofthe county
receives it as part of the general revenue?
CHAIRMAN HENNING: Yeah. I'm not going to get into that
discussion. It's not worthy, and we need to move on the item on
today.
We have a motion by Commissioner Coyle, second by
Commissioner Coletta, to move the federal legislative priorities with
the addendum. Is there any questions?
MS. WIGHT: No.
CHAIRMAN HENNING: Nope. All in favor of the motion,
signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
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February 12,2008
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Motion carries 4-1 with
Commissioner Halas voting in the negative.
And Commissioner Halas, you're going to deliver the board's
wishes in Washington, D.C.; is that correct?
COMMISSIONER HALAS: That's correct, sir.
CHAIRMAN HENNING: Okay. Nothing else?
COMMISSIONER HALAS: Nothing else? No, sir. I don't plan
to.
CHAIRMAN HENNING: Well, you just didn't support the
motion, and I was kind of concerned about what was going to be
delivered in Washington, D.C.
COMMISSIONER HALAS: It will be delivered in Washington,
D.C.
CHAIRMAN HENNING: Thank you.
Item #lOB
RECOMMENDA nON TO ENDORSE CODE ENFORCEMENT
BOARD AND SPECIAL MAGISTRATE RULES AND
REGULA nONS - APPROVED WITH YEARLY REVIEW
Next item we have, time certain for 11 o'clock. That's--
MR. MUDD: This item was continued from the January 15,
2008, BCC meeting. It's a recommendation to endorse code
enforcement board and special magistrate rules and regulations. Ms.
Michelle Arnold, code enforcement director, will present.
MS. ARNOLD: Good morning. Michelle Arnold. Apologize for
my VOIce.
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February 12,2008
I have this item being brought back to you, and the changes that
were mentioned or addressed at the last board meeting have been
identified in the rules that are before you. I just want to go through
them briefly.
The first item that was of concern in the Code Enforcement
Board rules is under Article V, and we're -- it related to the attendance
of the board members. Language has been modified to read, if a
member misses two consecutive -- successive board meetings without
a satisfactory excuse, he or she may forfeit his appointment, and that's
more consistent with what the language says in your ordinance.
I did mention to the board, the Code Enforcement Board that is,
that you all wanted the language to reflect exactly what was in there,
and they felt, rather than just repeat the whole thing, as long as it's
consistent and we all know that we have to meet those requirements,
that would be fine. Excuse me.
On the next page also there was a concern that item B, which
addresses each member present shall cast a vote on each question
before the board accepts if there's a conflict of interest, whether or not
it was similar in nature to section 10, which says that the Code
Enforcement Board shall meet the code of ethics, and the board
requests that those language (sic) be separated just to point out that if
there is a conflict, that we do need to meet that disclosure requirement,
and then all the other applicable rules as they apply to the code of
ethics would be addressed in section 10 of that article.
Also, on page -- make sure it's the right page here. On page 7, I
believe, there is language that previously referred to the local
governing body being notified when repairs may be required of -- to
abate the violation, and the language was changed from local
governing body to county manager as requested by the board.
And finally, on page 10 in section 5, there was a question about
what the language that referred to April 16, 1999, meant regarding the
taxes and the liens being equivalent to taxes. That language has
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February 12,2008
actually been deleted from the rules. It was put in place when there
was a prior amendment to the Code Enforcement Board ordinance,
and the Code Enforcement Board recommended that it be deleted
now, so that sentence is being deleted.
And then the only change in the special master's rule that was
requested was to provide definitions of what the office of the special
master is in relation to the secretary, the special magistrate. And those
definitions have been provided for the board on page 1 of those rules,
and then similar language to what -- which appears in the Code
Enforcement Board rules has been stricken through, which applies to
the notification when the county is being asked to abate the violation,
and that language, where previously noted, local governing body have
been stricken and replaced with county manager.
With me here today is a representative from the Code
Enforcement Board, Ken Kelly, and the special magistrate, Brenda
Garretson. They're here to address any other questions that the board
may have. In your packet also has been provided, as requested by, I
believe, Commissioner Coyle at the last meeting, a list of those items
that are redundant between the two rules.
CHAIRMAN HENNING: Okay. Questions? I think the County
Attorney's Office still has some concerns about -- and maybe it's just a
policy thing, so if we can kind of address that at this time.
MR. KLATZKOW: Yeah. It is a policy issue. My primary
concern on this is that if we were to have two separate rules between
the special magistrate and the Code Enforcement Board start to
develop -- and this is really the first time we're breaking them off --
that over time there'll be substantive differences creeping into the
rules, and over time the county will be accused, rightfully or
wrongfully, of form shopping when a decision is made which you then
need to go into, and that was my primary concern.
I'm trying to keep the rules as much as possible equal. And I
know we're prepared a consolidated rules for your review. I believe
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February 12,2008
they were forwarded to you. And that split -- the approach we would
recommend you take.
Their approach is also sound. There is no reason you couldn't
have separate rules from the Code Enforcement Board or the special
magistrate. Again, my view, you run the danger over time that
substantive differences start cheeping into the rules of procedure and
people will decide to go one way instead of the other.
CHAIRMAN HENNING: Okay. Question? Commissioner
Fiala?
COMMISSIONER FIALA: Yeah. Actually I liked the
separation of the rules. I just felt more -- you're dealing with different
people on different levels, and I feel that the Code Enforcement Board
has looked through this and they've given us their recommendation.
And I think nobody better can give us a recommendation than the
CEB. And I prefer to stay with the presentation as received here.
MR. KELLY: For the record, Ken Kelly, Code Enforcement
Board member.
Commissioner Fiala, we did look at the possibility in, you know,
the efforts to try to reduce paper and to consolidate these ordinances
into one. And we felt that, you know, what was best here is probably
what's best for the parties involved, including the respondents.
And when you're a layperson coming from a public mindset not
knowing how government could typically run, we felt that it might be
a little less confusing to have two separate ordinances at this time or
two separate governing rules so that you wouldn't have to fish through
one to find what was applicable to whichever body you were
presented in front of.
COMMISSIONER FIALA: And I'll just follow up.
CHAIRMAN HENNING: Sure.
COMMISSIONER FIALA: Mr. Kelly, that's exactly the way I
felt. I put myself in that position. Having never had a code
enforcement violation, I would be terribly confused if I didn't have it
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February 12,2008
spelled out. I wouldn't know to go from one to the other or that
something is embedded in one. I would like clear, concise direction,
and I think that's what this gives. Thank you.
MR. KELLY: You're welcome. If it pleases the board, two
points. One would be, we do have an annual review process for our
rules and regs, and also there's an ongoing effort to have continuing
workshops between the Code Enforcement Board and the special
magistrate so we can more or less align our vision of how these cases
should be handled more consistently to the public.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I am sensitive to Mr.
Klatzkow's concerns about evolving into substantially different
processes, but if we do have the opportunity to evaluate this process
on a recurring basis so that we can modify it, make sure that it stays
within an essential framework that is consistent, I guess I could -- I
could go with it. But I think we would be looking very closely at
points of review for any kinds of changes that might be appropriate.
So we'll review it how frequently?
MS. ARNOLD: It's reviewed annually. And what I was going to
suggest is that I bring both rules to you at the same time, you know,
from here forth so that you do have an opportunity to do that
comparison as well.
And as Mr. Kelly pointed out, there is a very strong effort
between the special magistrate and the Code Enforcement Board to
have these joint workshops so that they do -- don't get to that point
where they vary and have two separate processes that are completely
different.
COMMISSIONER COYLE: We just need to make sure that we
coordinate closely with the County Attorney's Office --
MS. ARNOLD: Absolutely, they're involved.
COMMISSIONER COYLE: -- in the preparation of those
reviews, okay.
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February 12,2008
MS. ARNOLD: Absolutely.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yeah, I motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: And the understanding, we're going to
have a year review on both of these rules; is that correct? And the
understanding, no changes will be made until the Board of
Commissioners approve them; is that correct?
MS. ARNOLD: Yes. The rules are brought to the board for your
approval.
CHAIRMAN HENNING: Okay.
COMMISSIONER HALAS: That's my motion.
CHAIRMAN HENNING: And I'm willing to try it and have
trust and faith that it will work. If it doesn't --
COMMISSIONER COYLE: We'll change it.
CHAIRMAN HENNING: -- we'll change it. But I think
everybody will be monitoring the process.
Thank you for your indulgence, both the special master and the
Code Enforcement Board and the chairman for coming here today,
and Michelle Arnold, thank you.
MS. ARNOLD: Thank you.
CHAIRMAN HENNING: Any other discussion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
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February 12,2008
CHAIRMAN HENNING: Carries unanimously.
Moving right along.
Item #10C
DIRECT STAFF TO ADD TO THE 2006 CYCLE OF GROWTH
MANAGEMENT PLAN AMENDMENTS PROPOSED
AMENDMENTS AFFECTING MODEL HOME CONDITIONAL
USES IN THE COUNTY ROAD 951 CORRIDOR, AN
AMENDMENT TO THE FUTURE LAND USE MAP
DESIGNATION FOR THE COLLIER COUNTY-OWNED
MARGOOD PROPERTY IN GOODLAND, AND OTHER
HOUSEKEEPING AMENDMENTS WHICH WILL SERVE TO
CORRECT OMISSIONS, ERRORS, AND OTHERWISE
HARMONIZE ALL PORTIONS OF THE GROWTH
MANAGEMENT PLAN - APPROVED
MR. MUDD: Commissioner, next item is 10C. It's a
recommendation to the Board of County Commissioners to direct staff
to add to the 2006 cycle of Growth Management Plan amendment
proposed amendments affecting model home conditional uses in the
County Road 951 corridor, an amendment to the Future Land Use
Map designation for the Collier County-owned Margood property in
Goodland, and other housekeeping amendments which will serve to
correct omissions, errors, and otherwise harmonize all portions of the
Growth Management Plan.
Mr. David Weeks, your -- from comprehensive planning, will
present.
MR. WEEKS: Commissioners, I'll be very brief. David Weeks,
comprehensive planning department.
You have an established protocol that staff is not to go forward
initiating regulatory changes without seeking direction and receiving
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February 12,2008
that direction from the board and that's, of course, why I'm here.
As the county manager read the ordinance -- excuse me -- the
executive summary title, it's explained the types of amendments. One
thing that was not mentioned on there but is within the body of your
executive summary is something that you just discussed last month,
and that pertains to the TDR program in the rural fringe mixed-use
district.
I believe Commissioner Coletta had brought an item up for
discussion, and you gave direction for staff to pursue a -- an extension
by five years of that early entry TDR bonus. So that should be
included in what you're considering today as well. Thank you.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Motion by Commissioner Coletta to
approve, seconded by Commissioner Coyle.
Discussion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor, signify by
saymg aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
MR. WEEKS: Thank you.
Item #10D
EXTENSIONS TO SAP FOR PROJECT MANAGEMENT
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February 12, 2008
INCLUDING ADDITIONAL END-USER LICENSES FROM SAP
PUBLIC SERVICES, INC. AND IMPLEMENTATION SERVICES
FROM LABYRINTH SOLUTION, INC. D/B/A LSI CONSULTING
FOR $ 1.600,000 - APPROVED
MR. MUDD: Commissioner, the next item is 10D, and that's a
recommendation to approve extensions to SAP for project
management including additional end-user licenses for SAP Public
Services Inc., and implementation services from Labyrinth Solutions,
Inc., d/b/a LSI consulting for $1,600,000.
Ms. Len Price, your administrator for administrative services,
will present.
MS. PRICE: Good morning, Commissioners. Over the last
several years, the steering committee has worked to standardize
project management processes throughout the county.
Back in September of'06, to enhance us work (sic) a hosted
solution, was identified and began implementation to start to work
through that process.
Concurrent to that work, the Information Technology Executive
Committee identified and approved a plan to become an enterprise
wide SAP centric organization. And to that end, last year we started a
process to evaluate the ability of SAP to do the project management
work that we needed.
The result of that evaluation has been a recommendation by the
Project Management Steering Committee, the I-tech Committee, and
the SAP Road Map Committee, which is supported by our project
managers to move forward with that process, and that's what we're
recommending to you today.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. Basically all this is is to get
all the software to be interfaced together so that we have the ability,
from one department to the other department, to communicate back; is
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February 12,2008
that correct?
MS. PRICE: That is correct. It also means that as part of the
project management software, we're looking directly at updated and
current budget numbers. There's no time lapse between the
information being entered and it being updated. It would be totally
seamless integration, which is something that we don't have right now
with the current software.
COMMISSIONER HALAS: Okay. And will this have the
ability to save man-hours?
MS. PRICE: I think it will not only save man-hours, it will save
an awful lot of dollars in terms of duplicate work and errors that can
be caught because they're missed on timing issues.
COMMISSIONER HALAS: Great. I make a motion for
approval.
COMMISSIONER FIALA: I'll second that motion, and I have a
question.
CHAIRMAN HENNING: Yeah. Motion by Commissioner
Halas to approve, second by Commissioner Fiala. Commissioner
Fiala has a question.
COMMISSIONER FIALA: Yes. Can you tell me when you
expect this to be completed once it's approved?
MS. PRICE: There is about a six- to nine-month implementation
process. We're hoping it will be closer to the six, but we like to have
the contingency for things that might come up. We expect this to be
done no later than January of2009, but we hope that it might be
completed before then.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: And this will include project
management within community development?
MS. PRICE: Project management throughout the agency, yes.
COMMISSIONER COYLE: Everything?
MS. PRICE: Everything.
February 12,2008
COMMISSIONER COYLE: And it's going to be completed
when?
MS. PRICE: We expect this to be up and running in January of
2009.
COMMISSIONER COYLE: Put that in capital letters, please.
Okay. Good. That would be wonderful.
CHAIRMAN HENNING: I have a question. Is this going to
include everybody's inventory, or are we going to have different
programs to capture everybody's inventory?
MS. PRICE: Commissioners, this will capture construction
projects, road projects, IT projects, but it's not necessarily an inventory
program.
CHAIRMAN HENNING: It is -- SAP does have the ability to
recognize inventory and when that inventory is deleted or whatever.
So we're not doing that?
MS. PRICE: Not at this time, but that is on our road map. And I
don't have the road map in front of me, but I want to say I believe
that's an FY-lO project, but I could be mistaken. It is absolutely on
our road map to include fixed assets which would do exactly what
you're talking about. The capability is there, we own it now. It's just a
matter of implementing it.
CHAIRMAN HENNING: Okay. And I trust that we're
recognizing all those capitals --
MS. PRICE: Yes, sir.
CHAIRMAN HENNING: -- of inventory. Okay, great. Good
item.
Any further discussion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
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February 12,2008
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
MS. PRICE: Thank you.
Item #10E
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS-APPROVED
MR. MUDD: Commissioners, the next item is 10 -- is 10E,
which used to be 16E 1, and 16E 1 was a report and ratify self --
staff-approved change orders and changes to work orders to
board-approved contracts.
This item was pulled from the regular agenda by Commissioner
Henning.
CHAIRMAN HENNING: And if you could turn to page 38 of
58. The one question I have is the concession agreement. And there
no dollar changes, just time frame change. And it was a three-year
contract with two one-year renewals?
MR. CARNELL: No, sir.
CHAIRMAN HENNING: Originally it was what?
MR. CARNELL: For the record, Steve Carnell, purchasing
general services director. This is the concessionaire agreement beach
site for Vanderbilt Beach site, and the agreement was solicited
competitively and awarded by the board in 2003, and it was arranged
-- it was competed as a five-year contract with the intent of having one
five-year renewal option to be exercised by the county at the end of
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February 12,2008
the original five years.
The original agreement -- that language I just referenced is our
standard language for concessionaire agreements. The original
agreement, we failed to put that statement in regarding the option for
five-year renewal. So the amendment before you was to add that
option for the second five years, which is consistent with our typical
practice with concessionaire agreements.
CHAIRMAN HENNING: Okay. So did it state it in the
executive summary what you're stating? It just wasn't in the contract?
MR. CARNELL: It was in the RFP. I don't know ifit was in the
executive summary, sir, but it was part of the original solicitation.
CHAIRMAN HENNING: You know, my perspective is, I don't
-- it's been five years and they have two renewals as it is. I don't see
the problem with going out to bid and seeing if we're getting the value,
personally.
MR. CARNELL: Okay.
CHAIRMAN HENNING: I don't know how the others feel
about it.
MR. CARNELL: I can address that briefly before the rest of you
respond. I will tell you your staff doesn't necessarily have an
objection to that either. But I will tell you that when we solicited it
five years ago, we only got one response, and neither parks and
recreation nor purchasing staff at this point has had any indication of
anybody having any interest in competing for the work.
But that said, we have no objection to putting it back out for
competition if the board -- that's the pleasure of the board.
CHAIRMAN HENNING: Well, I appreciate the extra
information.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I would just like to make
sure I've clearly understood. The RFP provided for a five-year term
with one five-year extension, and that person bid on that RFP and was
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February 12,2008
awarded that work in accordance with the RFP.
MR. CARNELL: Correct.
COMMISSIONER COYLE: But the agreement you wrote up
wasn't in accordance with the RFP?
MR. CARNELL: In short, yes.
COMMISSIONER COYLE: Okay. My belief is we should
always be consistent with the competitive document that procured the
contract because that's what people bid on and that was their
expectation.
If we fail to provide them with the agreement that was consistent
with the RFP, then I think we have an obligation to correct that, and I
think it would issue a scrivener's error.
The possibility of getting a less expensive vendor has to be offset
with the cost associated with going out for another round of
competitive proposals and the possibility that, knowing that this
vendor might be the only bidder, they might increase their prices or
increase the revenue to them.
MR. CARNELL: Decrease the revenue.
COMMISSIONER COYLE: Decrease the revenue to us,
increase the revenue to them. So there's a risk to us for going out on a
competitive procurement under these circumstances.
So my feeling is, look, we've procured it on one basis, we told the
people that's what we intended to do, we gave them a -- an agreement
that wasn't consistent with the RFP. We should correct that.
MR. CARNELL: And my only clarification there is that the
board is under no obligation to renew. I mean, in other words, that
RFP didn't say we were committed to five years beyond the first five.
It was always understood as an option. But everything else you said is
consistent with where we're at.
COMMISSIONER COYLE: Well, let me ask you this question.
Are you --
CHAIRMAN HENNING: I don't have any more concerns about
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that.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: I think Steve addressed it completely.
Go ahead.
COMMISSIONER COYLE: I just wanted to make sure I
understand it before we vote on it. Could you be asking for, at this
point in time, rather than a scrivener's error, a decision to extend the
contract five years? Would that be --
MR. CARNELL: We could, we could.
COMMISSIONER COYLE: -- consistent? Which would be
more consistent with the intent of the procurement?
MR. CARNELL: Well, the intent was to proceed with renewal.
COMMISSIONER COYLE: But you have a written document
which doesn't provide for a renewal.
MR. CARNELL: Explicitly not.
COMMISSIONER COYLE: Then I would suggest that we
would be in violation of the written document if we granted the
renewal.
MR. CARNELL: Without amending first?
COMMISSIONER COYLE: That's right. So I think that the
proper thing to do is to amend the document so it is consistent with the
RFP and the original intent, and then if we want to renew it for five
years, then you bring it back to us.
MR. CARNELL: Okay. I understand.
CHAIRMAN HENNING: Does that make sense?
MR. CARNELL: All right.
CHAIRMAN HENNING: The next one -- and again, I'm okay
with that. The next one is the -- there were several south water plant
change orders, a half a million dollars. And Steve Carnell, just clarify
some of the things that we talked about prior to this, that is a
two-phase construction process and we're on the second phase now?
MR. CARNELL: Yes, yes.
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February 12, 2008
CHAIRMAN HENNING: Okay. Some of these things were like
locational valves, valves and other things. What's the responsibility of
the engineer who drew these plans to build the expansion?
MR. GRAMATGES: Commissioners, Phil Gramatges, principal
project manager, public utilities engineering.
As you said correctly, this is a two-phase project. The first phase
of the project, unfortunately, extended into two phases. You may
recall that we had a contractor and we had an engineer whose
contracts were terminated because they didn't have appropriate quality
and schedule.
And we brought in a rescue contractor who completed the
project. The first phase, the eight MGD, or million gallons a day, was
completed in December of '05, and the second phase, which is the
expansion to a full 12 MGD was started in '06.
There were a lot of deficiencies in the first phase that had to be
corrected as part of the second phase. When the engineering contract
was let go for the second phase, we had used as-built drawings for the
first phase that turned out to be deficient in many ways. And we had
to, throughout the course of the project, correct issues as they were
found as we progressed with the expansion.
Some of these were contained in this change order. And in fact,
half of that change order is for an AC unit that was necessary to cool
the switchgear at the plant.
Part of that was because of contamination for hydrogen sulfide.
Part of it was because once the plant was expanded, we realized that
there was excessive heat within the -- within the unit.
So, indeed, yes, there are deficiencies that are being corrected.
We had terminated the original contractor. We, in fact, terminated the
original designer. And we used a different contractor and designer for
the second phase. And that phase, I need to add, has been completed
on time so far. It's expected to be fully completed in March 14th of
this year, and the substantial completion was on February 1st oflast
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February 12,2008
year -- I'm sorry. Yeah, last year, 2007. It was, indeed, completed on
time.
CHAIRMAN HENNING: The air-conditioning of the switching
gear room program --
MR. GRAMATGES: Yes, sir.
CHAIRMAN HENNING: -- is that on that first phase or is that
on the second phase?
MR. GRAMATGES: That is in the second phase, but it should
have been covered under the second phase. It was a design error.
CHAIRMAN HENNING: Well, ifit -- if it's -- if the switching
gear room is in the design for the second phase -- is that what I'm
understanding, or is it in the first phase?
MR. GRAMA TGES: No, sir. The phase is required at different
extensions in that switchgear room. The first phase completed the
room itself and included some gear into that room. The second phase
added more gear to that room.
CHAIRMAN HENNING: Okay. So you're adding onto it?
MR. GRAMATGES: Yes, sir.
CHAIRMAN HENNING: Is it -- what liability does the first
engineer have? I know we had a settlement agreement with a
contractor, but what about the person who designed it?
MR. GRAMATGES: We had, as far as I understand, a
settlement agreement with the designer as well.
CHAIRMAN HENNING: Okay.
MR. GRAMATGES: I'm not very versed in the details of that
part, but that's my understanding.
MR. DeLONY: That's correct. That's correct.
CHAIRMAN HENNING: So there's no going back on it?
MR. GRAMATGES: No.
MR. DeLONY: No, sir, there's not.
CHAIRMAN HENNING: Enough said.
Motion to approve.
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February 12,2008
COMMISSIONER COYLE: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Any further discussion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: That was Commissioner Henning
making the motion and Commissioner Fiala seconding the motion.
And we're all done except for this afternoon's proceedings,
correct?
MR. MUDD: Yes, sir. We have 8A. 7A was continued at the
petitioner's request till the 26th so that there's only one more item on
your agenda outside of public comment.
MS. FILSON: I have no public comment today.
CHAIRMAN HENNING: Not yet. Do the commissioners want
to take an extended lunch and come back here at one o'clock, or do
you want to sit here and chat?
COMMISSIONER COYLE: We can chat.
COMMISSIONER FIALA: Let's go.
COMMISSIONER COLETTA: See you later.
COMMISSIONER FIALA: My friends Shirley and Brian Barsic
(phonetic) are here from Marco just waiting for me.
CHAIRMAN HENNING: Okay. That's good to know.
COMMISSIONER HALAS: Hi, there.
CHAIRMAN HENNING: The board's going to take a lunch
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February 12,2008
break and be back here at one o'clock or thereafter.
COMMISSIONER COYLE: Thereafter. Okay, I'll be back
thereafter.
(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 HENNING: Board of Commissioners are back in
session, and we're moving on to eight on our agenda.
Item #8A
ORDINANCE 2008-09: PETITION PUDZ-2006-AR-9127,
MYRTLE WOODS, L.L.c., REPRESENTED BY DWIGHT
NADEAU OF RW A, INC., REQUESTING A REZONE FROM C-4
AND PUD TO CPUD FOR A PROJECT KNOWN AS THE
MYRTLE WOODS CPUD. THE EXISTING PUD SUNSETTED IN
2003 AND PROVIDED FOR A MAXIMUM OF 45 RESIDENTIAL
UNITS AND COMMERCIAL DEVELOPMENT ON A 5.66 +/-
ACRES OF LAND. THIS REZONE REQUEST WILL REVITALIZE
THE MYRTLE WOODS PUD ON THE 5.66 +/- ACRE PROJECT
AND ADD A 1.38 +/- ACRE SITE. THE SUBJECT PROPERTY IS
LOCATED AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF TAMIAMI TRAIL EAST AND MYRTLE
LANE IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA - MOTION TO APPROVE
THE RECOMMENDATIONS FROM CCPC AND EAC WITH THE
EXCEPTION OF CERTAIN BUSINESSES PROHIBITED USES
AND BUSINESSES WITH OBSCENE OR OFFENSIVE NAMES -
ADOPTED W/STIPULATION AS STATED BY THE COUNTY
MANAGER
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February 12,2008
MR. MUDD: 8A, yes, sir. Remember 7 A was continued until
the 26th of February at the petitioner's request.
8A, this item requires that all participants be sworn in and ex
parte disclosure be provided by commission members.
It's PUDZ-2006-AR-9127, Myrtle Woods, LLC, represented by
Dwight Nadeau, RW A, Inc., requesting a rezone from C-4 in PUD to
CPUD for a project known as the Myrtle Woods, CPUD. The existing
PUD sunsetted in 2003 and provide for a maximum of 45 residential
units and commercial development on a 5.66-plus-or-minus acres of
land.
This rezone request will revitalize the Myrtle Woods PUD on the
5.66-acre project and add a 1.38-plus-or-minus acre parcel, currently
zoned C-4, to create a unified commercial development on the now
seven-acre site.
The subject property is located at the southeast corner of the
intersection of Tamiami Trail East and Myrtle Lane in Section 29,
Township 50 south, Range 26 east, Collier County, Florida. And that
CHAIRMAN HENNING: Okay. Any person wishing to
participate in this discussion, please rise, raise your right hand while
the court reporter swears you in.
(The speakers were duly sworn and responded in the affirmative.)
CHAIRMAN HENNING: Commissioner Coletta, did you talk to
anybody on this item?
COMMISSIONER COLETTA: Yes, sir, I did. I have to confess
that I have talked to people on it. I had meetings. I also am guilty of
correspondence.
CHAIRMAN HENNING: How about you, young lady?
COMMISSIONER FIALA: Yes, sir. I have also had meetings
with the petitioner, couple of them sitting right here in the audience,
and I've had a little bit of correspondence.
CHAIRMAN HENNING: I have spoken to nobody and have no
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February 12,2008
correspondence.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I have no ex parte to bring
forth on this particular item.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yes. I met with Mr. Y ovanovich
and Dwight Nadeau, and they both attempted to persuade me that this
was a good project.
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: Unsuccessfully.
CHAIRMAN HENNING: So we're ready for the dog and pony
show? Just kidding.
MR. YOV ANOVICH: I was going to ask. Good morning --
good afternoon for the record. Rich Y ovanovich. Dwight said I can
be the pony and he'll be the dog. With me today is Dwight Nadeau
with RWA.
On your visualizer is basically the proposed master plan for this
project. It's a 7.04-acre site at the intersection of Myrtle Lane and
Tamiami Trail.
As you can see on the visualizer, the lighted intersection is
actually Broward. I think it's Broward Street.
The property is currently zoned PUD for 5.66 acres, and that
PUD currently allows for both commercial and residential uses. We're
adding an additional 1.38 acres to the property, which is currently
zoned C-4.
The overall request is to rezone the entire 7.04 acres to
commercial PUD and eliminate the existing 45 residential units. The
property's in the urban area, property is within the coastal high hazard
area, and as you know, the Comprehensive Plan discourages
residential development over three units per acre or -- yeah, because
this would be a traffic congestion zone -- discourages that type of
development in the coastal high hazard area.
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February 12,2008
The request is for a maximum of61,000 square feet of
commercial uses. In the PUD document we were asked the question,
how will this break out. The retail uses would be limited to the first
floor and any other -- any other commercial uses like offices would be
on the second and third floor if we did do a multi-level project.
Access to the project would be via Myrtle Lane and Broward
Street. We have worked with your transportation staff, and you can
see on the master plan, we are -- we will able to route traffic, local
traffic that's currently using Myrtle Lane, through the project to the
lighted intersection.
Currently traffic is -- the local traffic is coming down Myrtle,
getting to 41. As you can see on that, there's three lanes of through
traffic, and then you have your left turn lanes, and people use those
left turn lanes to do the U-turn to go back west.
By routing this traffic through our project, it obviously will be
much safer for the residences that are behind us, as well as school
buses that are currently using Myrtle Lane and doing that weaving
movement to head back to the west.
The project meets all of your preserve area requirements. We're
slightly over the requirements under the Land Development Code.
The only -- your EAC recommended unanimously approval of this
project, as well as the Planning Commission. The only reason this is
really not on your summary agenda is you all have to make a policy
decision regarding the commercial infill criteria.
As your staff report indicates, this is not your typical situation
where you have property lines that are uniform and abut immediately
to the property line.
So we're requesting that the entire site be eligible for commercial
under the PUD; however, the development will be limited to the
yellow area, which I believe is -- which is 397 feet deep, which is less
than the average of the commercial adjacent to us to the north but a
little bit wider than the commercial adjacent to us to the south. So it's
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less than the average.
Dwight's going to put up on the a visualizer an exhibit that kind
of shows you better where the commercial is. You can see to the
north we have that parcel that is deeper and to the south it's a little bit
shallower. So we're going less than the average of the two.
One ofthe other public benefits related to this project is we're
dedicating a 50-foot wide drainage and utility easement to the county.
The drainage easement is critical to the implementation of your
LASIP program.
We have also agreed to install two 48-inch diameter pipes within
that 50 feet easement area, so when the county's ready to hook up its
LASIP program, those pipes will be available and the county won't
have to dig up an existing site.
So between the traffic, weaving the traffic through the project
and the LASIP program, we believe it's justified to allow us to develop
the entire site as commercial.
We've limited the rear portion of the project to be our preserve
and drainage area, so we've created that as a buffer. Your staff had no
issues regarding compatibility. And, again, the policy decision is
yours to make regarding our site plan under the commercial infill.
I believe that addresses briefly the project and we're available to
answer any questions you might have regarding the project. Again, I
think your planning -- your planning staff is comfortable that the
request is okay, and then your comprehensive planning staff needs
you to make the policy decision regarding the commercial infill
criteria.
CHAIRMAN HENNING: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, I wanted to
mention I also talked to a couple members of the Planning
Commission. I forgot to state that when we were declaring.
And one of the things, Rich -- and I spoke to you in my office the
other day -- I wanted to make sure to add to this some of the things
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that we would prefer not to see on that site, such as another pawnshop
-- no pawnshop, no soup kitchens, no tattoo parlors, no X-rated video
stores and no homeless shelters.
COMMISSIONER HALAS: Awe, shoot.
MR. YOV ANOVICH: Now--
COMMISSIONER COYLE: Wait a minute.
CHAIRMAN HENNING: Hang on.
MR. YOV ANOVICH: Most, but not all of those, so we will
have to add some of those things, like the homeless shelters and things
like that are discovered in major group 83 under the SIC code. So I
would recommend that we create a section that says, that's prohibited
uses, we would list all those things, we would exclude the SIC code
83, which would address --
COMMISSIONER FIALA: Why would you exclude that?
MR. YOV ANOVICH: We would say -- those would be the --
that would be the code, that's the prohibited uses, which take care of
homeless shelters, probation offices, and things like that, so those
would be excluded uses.
COMMISSIONER FIALA: Okay.
MR. YOV ANOVICH: And then the second one is, SIC code
7309, which is telemarketing, collections service, things like that, and
then the things that are not covered in those groups, we would also list
as specific uses, like tattoo parlors and things like that.
COMMISSIONER FIALA: X-rated video stores.
MR. YOV ANOVICH: X-rated video stores. We would add all
of those as excluded -- or prohibited uses within the project.
COMMISSIONER FIALA: Thank you. Okay.
CHAIRMAN HENNING: Let me get this -- make sure I get this
written down; pawnshop, soup kitchen, tattoo shop, X-rated -- adult
video?
COMMISSIONER FIALA: Yes.
MR. MUDD: Homeless shelter.
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COMMISSIONER FIALA: Homeless shelters.
CHAIRMAN HENNING: Homeless.
COMMISSIONER FIALA: And soup kitchens.
CHAIRMAN HENNING: Okay. I got that.
COMMISSIONER FIALA: Okay.
MR. YOV ANOVICH: No bail bonds.
COMMISSIONER FIALA: Oh, yeah. Bail bonds.
CHAIRMAN HENNING: Yeah, okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I don't know if that was a
motion by Commissioner Fiala to approve it with that stipulation or
not.
COMMISSIONER FIALA: Yes.
COMMISSIONER COYLE: But ifit is, I wanted to ask if the
Environmental Advisory Council's conditions were included with the
CCPC's conditions in your motion.
The EAC had two conditions to add to the Collier County
Planning Commission recommendations, and all I was asking is, are
we going to endorse all of those conditions? There are 19 conditions
from the CCPC and two from the EAC.
COMMISSIONER FIALA: If you're asking me?
COMMISSIONER COYLE: Yes.
COMMISSIONER FIALA: And I haven't made that motion yet.
One of the things I would love to discuss before we go any further,
right now in our -- in our business climate, in my opinion, I think that
we ought to do everything we can to help our businessmen, especially
those trying to open a business, and I really don't -- I really feel that
they ought to receive impact fee credits for -- when they're giving this
land away for the wellsites. And I realize that that might hurt our own
people, yet at the same time I think that we need to do what we can to
help the businessmen.
CHAIRMAN HENNING: That's in the Planning Commission's
recommendations and also staffs recommendations, too.
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February 12, 2008
COMMISSIONER FIALA: The Planning Commission -- no,
who is it? Oh, it's --
MR. YOV ANOVICH: Yeah. The Planning Commission did
recommend that we receive impact fee credits. It was --
COMMISSIONER FIALA: Okay.
MR. YOV ANOVICH: -- utilities staff who has pointed out that
they don't agree with that recommendation.
CHAIRMAN HENNING: Okay. I apologize.
COMMISSIONER COYLE: That was just one part of my
question. One other thing -- and I'll discuss this under
communications later today. But would you be interested in adding to
that list of exclusions any business establishment with an obscene or
offensive name like Bad Ass Coffee?
COMMISSIONER FIALA: Yes, I would add that, yeah.
COMMISSIONER COYLE: Yeah.
MR. YOV ANOVICH: I don't have a problem adding that to the
exclusions.
COMMISSIONER COYLE: Exclusion?
MR. YOV ANOVICH: Exclusions, as far as business names go.
COMMISSIONER COYLE: Okay. We'll be talking about that
later under communications for the commissioners. But in that case,
I'll second the motion if you're going to make it.
COMMISSIONER FIALA: Okay. I will make the motion that
we approve this petition with the recommendations from the EAC and
the CCPC in addition to adding the caveat that Commissioner Coyle
suggested and also those exclusions that I've made on the record.
CHAIRMAN HENNING: Motion by Commission Fiala, second
by Commissioner Coyle. We're going to go to Commissioner Halas
and then Commissioner Coletta, if you don't mind.
COMMISSIONER COLETTA: That's fine, sir.
COMMISSIONER HALAS: I understand where some people
are going with this impact fee credits. I'm concerned, as long as a
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commissioner doesn't ask for these extractions and staff asks for them
-- maybe I can ask the petitioner. Were you in any way coerced in
regards to coming up with an easement for wells at our future -- for
future use here in this community? Did you feel that you were being
coerced?
MR. YOV ANOVICH: Well, I --
COMMISSIONER HALAS: Now, I want you to be honest now.
Is this something that you felt that -- or the petitioner felt that he was
doing his civic duty for?
MR. YOV ANOVICH: Well, let's put it this way. We worked
with your utilities staff on the location of the wellsite in an attempt to
minimize the impact.
My client would prefer, obviously, to receive impact fee credits
for the value of the land they're conveying. In this economic climate,
you know, every dollar counts.
I don't like -- I don't want to be asked the question, was I coerced
because I don't think I'm ever coerced or my clients are ever coerced
into doing something. It was a business decision to make, and they've
made the business decision to go ahead and agree to convey the
wellsite for nothing.
I will point out that your Land Development Code states that if
we're giving an improvement for something that is beyond the impact
of our development, we're entitled to impact fee credits. And I believe
that this wellsite would fit into that scenario that we would be entitled
to impact fee credits.
The way this is located and where this is located, hopefully that
has minimized the fair market value of the exaction to where it would
not be as cumbersome to the county as if it were right there on U.S. 41
right smack in the middle of the development. So hopefully the
amount of the impact fee credits we would be receiving is minimized
by working with your utilities staff.
COMMISSIONER HALAS: The reason I bring this forth is the
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fact that I understand where you're coming from, but I also have
concerns that if we get into the habit of doing this, the end result is
that it drives up the impact fee -- cost of the impact fees because of the
land, and then the next thing we end up with a cycle of where we have
to go back and ask for an increase in impact fees because we've got to
take care of situations of this nature, and that's the only reason that I
brought this up, because the end result is somebody's going to end up
paymg.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER HALAS: It's either going to be the developer
or it's going to be the citizens in regards to the amount that they're
charged for for the commodity of water in the future.
MR. YOV ANOVICH: And we recognize that, and we hope, in
working with your staff on this location, we have, in fact, contributed
to the reduction of any necessary amount to cover these wellsites.
CHAIRMAN HENNING: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Thank you. In may, Mr.
DeLony, would you come up, please, with the chairman's permission.
CHAIRMAN HENNING: You have every opportunity to ask
staff questions on items on the agenda. This is a question on this item,
right?
COMMISSIONER COLETTA: That's correct, sir. Thank you
very much. I'll be well behaved here.
COMMISSIONER FIALA: Oh, something new.
MR. DeLONY: For the record, Jim DeLony, sir.
COMMISSIONER COLETTA: Thank you, Mr. DeLony, for
commg up.
We're at a very interesting junction where we're going with this,
and there's a couple of issues that I need to understand and get
resolved.
If we follow the heart of the commission today to lessen the
impact on the developer and use that impact fee money that's out
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there, there's going to be a deficiency that has to be made up. And
generally, I mean, the way the climate's out there, it's going to be very
difficult to raise impact fees. If we don't -- if we haven't got the ability
to pay for something with impact fees, where are you going to get the
money to be able to put this well in?
MR. DeLONY: Sir, there's only two sources of revenue for the
water utility or wastewater utility. They are user fees and impact fees,
and user fees are those fees paid by the existing clientele, our existing
customer base, folks that are on the system today, and then the impact
fees are those fees paid by new customers or new demands on the
system, normally in a to-be function, and the nexus, of course, to the
impact fee is that, as outlined by Richard was, you know, the impact
of that facility or that demand on the system.
COMMISSIONER COLETTA: Has this been a -- well, going
back to the impact fees. If it's not impact fees, then it's going to have
to be user fees. And, of course, the user fees would be the ratepayers
now that are on the utility, which means, of course, that people that
are on wells in Golden Gate Estates wouldn't be paying regardless,
which is the only fair way to go.
However, the impact fees were established because of the fact -- I
believe we said something about growth paying for growth. I'm a
little confused now because I'm hearing a lot of, you know, items
going counter to that particular thought.
The impact fees in themselves don't pay for the impact that's
there. We attempt to have it, mitigate it, but it still doesn't reach that
point. The shortfall for paying for this growth is always going to fall
back on the rate users.
MR. DeLONY: If the decision with regard to setting the nexus
level of the impact fees --
COMMISSIONER COLETTA: Yeah.
MR. DeLONY: -- is too low and the growth comes in, the cost
of expansion is too high, you only have one place to go in terms of
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retiring that cost of doing business, and that's user fees.
COMMISSIONER COLETTA: Okay.
MR. DeLONY: The aspect of this particular feature of the
system -- you know, it's pretty simple when we're talking about a well
-- I mean, excuse me, a plant or a new pipe because that would be
maybe a nexus to a new area or a new set of clients that are customers.
Now, wells are served -- they serve everybody. Once they come
on-line and then we go through a cycle of use, sometimes they go bad,
we need new ones and we need to replenish that water supply source
by digging new wells. And so what we're trying to establish is an
inventory of sites to -- on hand for either growth or reliability projects,
what we call, with regard to our continued water supply demands for
the county.
COMMISSIONER COLETTA: Is there much of a difference
between utilities having a site for a well and developers making
contribution of right-of-way for roads?
MR. DeLONY: I'd have to refer to Mr. Feder on the second half
of that question. In my mind, they're infrastructure. You know,
they're just like the infrastructure that's in this project. As I recall,
there were significant features dealing with stormwater, stormwater
management, that were going to be made as -- they're being made as
available to the county as a feature of this project.
In my mind, I mean, this is just my assessment, the provision of
water and wastewater services are another aspect of the infrastructure
support on-line with roads or any other county operator to maintain
servIces.
COMMISSIONER COLETTA: Okay. How long have we been
accepting these contributions of wellsites?
MR. DeLONY: I guess at least three years. Maybe as much as
four years we've been going to developers on a case-by-case basis and
looking at their plans and looking at our water supply plans and seeing
if we could find the best-fit solution.
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COMMISSIONER COLETTA: Do you think it's fair that the
other developers that came forward and offered these amenities back
to the county to be able to go forward, that -- they still haven't built. A
number of them have never built anything and, of course, we haven't
taken the wellsite. Do you think it's fair that they should be exempted
from this -- they should have to do it while we're exempting people
now in the future?
MR. DeLONY: Well, fair is a difficult question. For our
purposes, if a development comes in and it's not in an area where we
have the potential to do a well development, you know, the water
supply is not good in that area or it's not convenient or available to our
existing infrastructure, we would never ask that development if there
was a potential for a wellsite to be donated or to be had in that area. I
mean, so it's kind of, where are you in the county in terms of location
and how that location marries with our water supply plan in terms of
where the wells would be developed in the to-be condition.
COMMISSIONER COLETTA: But could possibly one of these
developers that are out there, such as Orange Blossom Ranch where
they have made some sizable contributions of wellheads -- and I know
there was a lot of discussion between staff and the developer over the
issue -- for them to be able to say, well, listen, it's Collier County
Commission's direction that you don't accept these; however, in the
past we did do it, but shouldn't we be exempt from this now? Is that a
possibility that could happen, they may make a court case out of it?
MR. DeLONY: I don't know about the court case. I'll defer to
the county attorney. Certainly, in the way that people view, you know,
coming to the county with their developments, I think it would change
the scenarios that we've been -- with the way we've been conducting
ourselves in the last four years.
COMMISSIONER COLETTA: My -- bringing this thing
together to one final point, if you were to go back in three years and
just try to estimate the value of all these particular wells that you could
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put in which you haven't yet, that you may have to put in in the future,
what kind of value would you give that? Would it be a $100,000 or a
million dollars or $3 million?
MR. DeLONY: It would be a considerable sum. It would more
than a million -- excuse me.
CHAIRMAN HENNING: You know --
COMMISSIONER COLETTA: I'm sorry. Just take one more--
CHAIRMAN HENNING: No. Hang on. We're getting into an
area I think we ought to get our county attorney involved in.
COMMISSIONER COLETTA: Okay. I'll bring him in if it's all
right. Just let me finish this line of questioning, then we can go to the
county attorney.
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: I'd like to ask a couple questions
regarding these things, so --
COMMISSIONER COLETTA: Sure, that's no problem. But let
me just finish and I'll be right there. I appreciate your patience. I
know you want to jump right in.
COMMISSIONER FIALA: Yeah, I do.
COMMISSIONER COLETTA: I do.
MR. DeLONY: It would be a considerable sum, sir. It would be
a considerable sum of money for that.
COMMISSIONER COLETTA: Ifwe wiped it off the books and
we had to put it back into the ratepayers, would they see an increase in
their rates?
MR. DeLONY: Ifwe -- if we have to have wells to conduct our
business, those wells have to be paid for. If we're able to get these
wells through working with developers and we're able to get the
access to easements and the ability to get in those sites for a lot less
than -- for nothing or a donation, obviously our rates are at one fact. If
we have to pay for them, our rates are at another level.
COMMISSIONER COLETTA: Yeah. And it goes back to thel
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original argument that we've been saying for years about growth
paying for growth. Thank you.
CHAIRMAN HENNING: Yeah, and I don't believe that answer
is true. But, you know, we need to move on, and Commissioner
Coyle was next. And Commissioner Coyle, do you think that we
should consult with our attorney on these motions?
COMMISSIONER COYLE: Yeah, particularly when it gets to
the point of whether or not there's a legal exposure to this thing. I
mean, we can't answer those questions. I wouldn't try.
CHAIRMAN HENNING: I don't think -- I don't think the county
manager's staff can either.
COMMISSIONER COYLE: Yeah, I agree.
CHAIRMAN HENNING: But I just -- I heard an answer that is
not true. Impact fees pay for wellsites, not the ratepayers, so I'm kind
of --
MR. DeLONY: Again, sir, in may. I'd like to clarify what I
said on the record here. If the well is existing and we lose that well, it
becomes -- and it's an existing well in the inventory, we have to
replace that well.
The total queue to be delivered comes from a series of wellsites.
Now, we work real hard to make sure that that doesn't happen. But if
it's a reliability well -- and we have in our master plan a certain
number of wells which we call reliability wells which are backups to
our existing inventory -- those are user fee paid for.
CHAIRMAN HENNING: Okay.
MR. DeLONY: If it's a well that deals directly with -- excuse
me, Commissioner. I'm sorry.
CHAIRMAN HENNING: Commissioner Coyle has a question.
MR. DeLONY: Yes, sir.
COMMISSIONER COYLE: Well, no. I think I have a proposal
that will solve this problem and we won't even have to get into that
kind of discussion. But let me preface my proposal by saying this:
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Both Commissioner Coletta and Commissioner Halas have raised very
important issues on -- concerning this thing. But look at it this way.
If this petitioner were asking for something that was contrary to the
Land Development Code, we would be well within our rights to refuse
it.
Now, if the Land Development Code says that the petitioner is
entitled to be reimbursed for anything they donate over and above
their impact, then we are violating the Land Development Code. We
can't have it both ways. We can't require that they abide by the Land
Development Code but we can violate the Land Development Code.
So here is really the key question. How much of the value of this
land is over and above the impact they have? It is clear, I think, to all
of us, that building a large commercial development will have an
impact on our water supply. Does it require an entire well? Maybe
not? Probably not. But, you know, how much does that property --
what is the value of that property in that context? And I that's the
discussion we've got to have.
And if we agree that we will pay, in impact fee credits, the
petitioner for the right to have access to that property to build a well, I
think what you'll find is that it's a very, very cheap proposal.
Alternative is, we pay somebody to do an appraisal, they pay
somebody to do an appraisal, we pay lawyers to get togethers to
decide on it, we take the property and we've both spent money, and it
has to be reimbursed out of the taxpayers' pockets.
So I think if we really look at it logically, what we might find is
that the cost to pay for this easement is relatively insignificant. You
get your site for the well. The petitioner gets some money or credits
for letting us have this easement. Everybody's happy and everybody
has abided by the Land Development Code. And so what I would
suggest. I'd like to hear from the petitioner about what we could do
with that.
MR. YOV ANOVICH: I think that's -- Commissioner Coyle, I
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think that's consistent with what I was saying. The way we were able
to work with your staff on the location will hopefully minimize the
fair market value of this easement area.
So I don't know what the dollar number is today, but I would -- I
would say that it's certainly less than if it were a fee simple take right
on US. 41. This is an easement take, if we can use condemnation
type of language, in a -- hopefully at a very minimal cost to the
county .
COMMISSIONER COYLE: And you must take into
consideration, in my opinion, the fact that you do have an impact on
our water supply.
MR. YOV ANOVICH: Sure, sure.
COMMISSIONER COYLE: Okay.
MR. YOV ANOVICH: I think we're 6,100 gallons a day.
COMMISSIONER COYLE: Okay.
MR. YOV ANOVICH: And I don't know what that wellsite will
generate. But you do factor it in, I would agree.
COMMISSIONER COYLE: But remember, it's not the wellsite
we're talking about depreciating here. It's the land value, the easement
value.
MR. YOV ANOVICH: I understand.
COMMISSIONER COYLE: Because we've got to put the
money into building the well site, not you. We're only talking about the
value of the land.
So if we can talk -- you know, if that can be worked out with
everybody, I would be happy to proceed along those lines. Everybody
gets a good deal. And then if you don't work out a good deal with it, I
don't want you to feel intimidated. We'll never approve another
proposal from you again. But I think that's a good solution for
everybody.
CHAIRMAN HENNING: Commissioner Fiala, then
Commissioner Halas.
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COMMISSIONER FIALA: Yes. We want to see you win this.
This isn't -- it's just we have to get down to some basics. With the --
with the developer contribution, Commissioner Coletta, when he was
zeroing in on you, was pointing out that everybody else has
contributed and never taken an impact fee credit. Is that true?
MR. YOV ANOVICH: Well, I think I could speak, the last
petition I went through the process on specifically, the approval from
the commission came with paying us fair market value for the utility
easement.
COMMISSIONER FIALA: That's what I thought. And so
Commissioner Coletta was pointing out that everybody else has given
freely except for this one and it was setting a precedent, but that isn't
the case at all, is it?
MR. YOV ANOVICH: It's not, and there's different economic
times now. I mean--
COMMISSIONER FIALA: Right.
MR. YOV ANOVICH: -- a lot of the times those were going
through it was very easy to absorb in a pro forma the additional costs.
And it will. We lose a little bit of area of -- actually because that's
where our drainage easement would be. We would normally be able
to take some fill out of that and use it on our site. We'll have to
compensate by getting some additional fill.
COMMISSIONER FIALA: Right.
MR. YOV ANOVICH: And so there's some economic
implications. It's not a significant number, but it is a number. And
today in these economic times, every dollar helps.
COMMISSIONER FIALA: The last thing I wanted to point out,
the reason I even brought this up in the first place -- and I don't want
to get anybody upset, but you've got a measly seven-acre property
here where you're already giving -- I'm sorry if that's not a nice word
-- but anyway, you're already giving us easements for our LASIP
project and you're going to bury the pipe for us, and that's just giving
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February 12,2008
it to us, and then you're going to reroute the street so we get to use the
rerouting of the street, and you're going to do that for us.
I don't know how much more you can give on a piece of
property. And I just -- I just think what's fair is fair. I think we have
to look at a fairness standpoint. I don't even know who the developer
is. It doesn't make any difference. I'm looking at it as a fairness
standpoint. How many dollars are we talking about here?
MR. YOV ANOVICH: What's the size? I forget. I don't even
remember the size of the easement. Twenty-four hundred square feet.
So it's 2,400 square feet.
MR. DeLONY: Sixty by 70.
MR. YOV ANOVICH: Still -- 4,200 still, right? 4,200 square
feet. I don't even want to put a number on it. It can't be that big a
number. I mean, it's only 4,200 square feet. And, again, we
acknowledge that you're not buying it in fee. So I'm only familiar
with fee simple numbers as if I were selling it as developable square
footage, so I'd hate to throw that number out because it's too high. It's
way too high a number.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: You led into one of my questions
that I was going to ask the utilities department, and that is, what's the
average size of a well easement that we request? Is this -- is this the
average size?
MR. DeLONY: Yes, sir.
COMMISSIONER HALAS: Thank you very much. That's
something I never really fully understood, the size of the easement.
Thank you.
CHAIRMAN HENNING: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Thank you. I just want to
clarify something. I don't want anybody to misconstrue what I was
saying as far as, you know, this has never been done before. I never
said that.u
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February 12,2008
I did hear Mr. DeLony state the fact that there's been a
considerable amount of wellsites that have tremendous value that have
been donated to the county before. But I do -- I'm sorry. Clear my
throat.
I agree with Commissioner Fiala, when somebody has made a
number of donations and they have made a number of improvements,
there's got to be a point in time you've got to say, there's a public good
that's met. And in this case you have. So I don't even have an
argument with this end of it. However, with that said, go back to
Orange Blossom Ranch. How many wellsites do you have going in
there?
CHAIRMAN HENNING: Can we stay on this petition?
COMMISSIONER COLETTA: But I'm trying to draw a
comparison because I got challenged on this thing just a moment ago.
CHAIRMAN HENNING: Well, I don't know --
COMMISSIONER COLETTA: But -- and the amount that they
gave us was unbelievable as far as right-of-way, as far as the lake
goes, as far as other amenities. So we're changing in midstream with
the direction we're going. It's a concern. It really is.
Rich, I think it's wonderful your client stepped forward and
they're doing everything else they're doing. It's tremendous.
Would I vote this down because of the fact that we're going to
give you the impact fees? Absolutely not. I think we're contending a
point here. I don't think legally we can accept this -- or refuse this or
accept your petition based upon the fact that you are or are not giving
a donation of some kind. So that's not even an issue. I think you
already got five commissioners going to vote for it.
I'm just worried that we may be susceptible to legal exposure out
there that way surpasses today. But be that as it may, that's a subject
for another day, but we need to be aware of where we're going with
this.
CHAIRMAN HENNING: Yeah. And I'd like to continue this
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conversation at another time and maybe get some guidance from our
County Attorney's Office on some of these community benefits. I just
-- whether it be a park or a wellsites, whatever --
COMMISSIONER COLETTA: Affordable housing.
CHAIRMAN HENNING: And affordable -- if you want to
throw that in, affordable housing.
COMMISSIONER COLETTA: I sure do.
CHAIRMAN HENNING: What is our ability in the zoning
process and what we can and cannot do, and maybe a written
correspondence in that, we'd appreciated it, okay.
COMMISSIONER COLETTA: Why don't we get everybody to
nod their heads on it, because I agree with you.
CHAIRMAN HENNING: Yeah. And Commissioner Coyle --
Halas is nodding --
COMMISSIONER COLETTA: He's nodding his head.
CHAIRMAN HENNING: Commissioner Coyle's nodding his
head, too. So anyways, well, that's great.
Melissa, do you have anything for us today?
MR. MUDD: Yeah. Melissa's got something to put on the
record as far as this thing is concerned, because you have a policy
decision that you need to make a statement on.
CHAIRMAN HENNING: That needs to be included in the
motion that was given by Commissioner Fiala and seconded over to
my right.
MR. MUDD: Yeah. And I believe it goes, staff recommends
that the BCC approve the maximum depth of397 feet of the
commercial building and parking areas measured from the property
line of U.S. 41 pursuant to the office infill and commercial subdistrict
provision contained in the Future Land Use Element of the Growth
Management Plan with the understanding that in doing so, the BCC is
making a site specific policy decision as to the application of this
provision of the FLUE.
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February 12,2008
CHAIRMAN HENNING: And do you include that in your
motion, Commissioner Fiala?
COMMISSIONER FIALA: (Nods head.)
CHAIRMAN HENNING: Commissioner Coyle, do you include
that in your second?
COMMISSIONER COYLE: (Nods head.)
CHAIRMAN HENNING: Melissa, do you have anything else?
MS. ZONE: No, sir. Thank you.
CHAIRMAN HENNING: Well, thank you. You spoke very
well today.
Okay. Any further -- Commissioner Halas?
COMMISSIONER HALAS: Yeah. So where does this leave us
in regards to whether we're going to give impact fees? How is that
going to be incorporated in the motion?
CHAIRMAN HENNING: It's a part of the Planning
Commission's recommendations.
COMMISSIONER HALAS: Okay. And so are we going to then
have a couple of people go out and make an appraisal on this property
to give (sic) some idea of what the impact fee credit will be? And it
will only be on the land itself and not actually considering the well or
what the --
MR. YOV ANOVICH: It's going to be the -- it's going to be the
fair market value --
COMMISSIONER HALAS: Of the land--
MR. YOV ANOVICH: -- of the easement, taking into
consideration that we do have some site-related impact related to the
easement. And it's already in the PUD document itself that we'll get
paid fair market value.
I would hope that, knock on wood, that the county and us can
work out a fair price and not go through the expense of hiring
appraisers and spending more money than necessary to try to figure
this out.
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February 12,2008
COMMISSIONER HALAS: Well, I just want to make sure that
you understand that it's -- both sides have what they consider fair
market value. Now, with this well easement, does that also include
easement from the wellsite itself, the piping that's going to eventually
interconnect the water system?
MR. YOV ANOVICH: You have a utility easement, if you look
on the master plan. The wellsite runs over here.
COMMISSIONER HALAS: Right there, yep.
MR. YOV ANOVICH: The wellsite, and you have the easement
all the way back there.
COMMISSIONER HALAS: Okay. Got ya.
CHAIRMAN HENNING: Okay. I just want to make it clear,
make sure we have this right about the prohibited uses that
Commissioner Fiala brought up. No pawn shops, no soups kitchen,
tattoo parlors, adult video, homeless -- homeless what?
COMMISSIONER FIALA: Shelters.
CHAIRMAN HENNING: Shelters, and bails bonds.
COMMISSIONER HALAS: And no Bad Ass Coffee.
CHAIRMAN HENNING: And no --
MR. YOV ANOVICH: No obscene-named companies.
COMMISSIONER COYLE: Obscene or offensive.
CHAIRMAN HENNING: Yeah. Business names not to be
offensive by Commissioner Coyle.
Okay. Is that agreed upon?
MR. YOV ANOVICH: Yes, sir.
CHAIRMAN HENNING: And staff -- I want to look at this
ordinance before signing it.
Any other discussion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER COYLE: Aye.
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February 12,2008
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed to the motion?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. YOV ANOVICH: Thank you.
CHAIRMAN HENNING: Thank you for your patience.
Commissioners, right now we're at public comments. Does any
of the public wish to -
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS - NONE
MR. MUDD: Ms. Filson, do we have any public comment?
MS. FILSON: No, Mr. Chairman. No public comment.
CHAIRMAN HENNING: Then we have County Manager.
MR. MUDD: Commissioner, the only thing I have is just to
remind you that you have an item that has to do with your signature on
a series of EDC documents. And as long as you got that, that's all I
have, sir.
CHAIRMAN HENNING: Yeah, I have it.
Item #12
COUNTY ATTORNEY'S REPORT
MR. MUDD: Okay. County Attorney, do you have anything
today, Mr. Weigel?
MR. WEIGEL: No, nothing further, thank you.
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February 12, 2008
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN HENNING: Who wants to go first, Commissioner
Coletta?
COMMISSIONER COLETTA: Fine.
CHAIRMAN HENNING: Or Commissioner Coyle?
COMMISSIONER COLETTA: If Commissioner Coyle wants to
go first, he may, but --
CHAIRMAN HENNING: Commissioner Coletta.
COMMISSIONER COLETTA: I'll go first. First I'd like give
you a little update on something that I'm working on, and this is for
your information.
As you know over a period of time, this commission has been
very responsive to the needs of the Immokalee residents in removing
CHAIRMAN HENNING: Where should we start on this
information?
COMMISSIONER COLETTA: You can start right on the first
page and listen to my narrative, if you'd like.
CHAIRMAN HENNING: How long -- okay.
COMMISSIONER COYLE: I should have gone first.
COMMISSIONER COLETTA: You should have, but you didn't
take the opportunity, you didn't move quick enough, and that goes
with age.
But be it as it may, we've been very successful over a period of
years removing the substandard housing from Immokalee. Now
comes the opportunity to be able to replace it with livable housing for
migrant laborers, and this does not involve the commission other than
some point in time it may come before us with a PUD.
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February 12,2008
This would involve the private nonprofit sector. Catholic
Charities at this point in time has a very successful project in Arcadia.
I got a group of about 12 people that are going to be going there from
other nonprofits to tour this facility and see if it's applicable to the
Immokalee community.
That's just to bring you up to date on it. Read it at your own
leisure, and I'll be happy to share results if there's any coming forth on
that particular thing.
The other issue I'd like to talk about has to do with the current
fire season, and right now with the rains out there, I'm sure people's
minds are on other things. But we -- we're at a very dangerous time in
our history, especially out there in the Estates and rural lands
regarding the drought that's taking place and the possibility of a
catasto -- fire that could burn from block to block.
And we need to be able to allow for the public to be prepared for
this. And one of the issues that's very concerning is in some cases the
public's inability to clear away brush within 30 feet of their houses as
recommended.
What I'd like to do at some point in time is, the next meeting
possibly, is get a report from Mr. Schmitt or maybe -- we have -- we
have a workshop coming up under the --
MR. MUDD: Yes, you do, sir. And Mr. DeLony is -- I put him
in charge of laying it out, and part of that presentation is about 40
minutes or so to basically talk about the wildfire season and the
clearance and things like that from the emergency management side of
the house.
COMMISSIONER COLETTA: Fine. I'd like to be able to cover
the issue of code compliance as far as being able to clear away from
the house and what kind of restrictions exist and how they could be
waived to be able to make it a better -- better -- a safety issue --
remove the safety issue as far as brush right up next to the house.
MR. MUDD: Okay.
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February 12,2008
COMMISSIONER COLETTA: If that's all right with my fellow
commISSIoners.
Yes. Everybody's saying yes, please. Thank you.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: I have nothing.
CHAIRMAN HENNING: Let me go next. I have a question for
the County Attorney's Office. The board put a timeline, time line or
deadline, on the Pebblebrooke PUD, and that was a couple months,
and I think we talked about that in December.
Are you going to need a little bit more time on that issue?
MR. WEIGEL: I'll start -- I will start and I'll turn it over to Jeff
in a moment. But as far as a timeline goes, as you are -- you are
aware, we have had one meeting with the community and the
development business interests there working toward or attempting to
worked toward solution.
So I would suggest that we look to the board for any further
recommendation, direction, as to the timing relating to a scrivener's
error in regard -- taking into account the fact that there may be another
community meeting and something for the board to consider along the
lines of remediation in the area there.
And I'll turn this over to Jeff if he has any further comment.
MR. KLA TZKOW: No. I think we're actually kind of close to
getting a proposal to the community and then taking it to the board, so
I would suggest that we put this over for another month or two, if we
can.
CHAIRMAN HENNING: Does the board have any -- is the
board okay with continuing this on until all issues are addressed?
Commissioner Fiala?
COMMISSIONER FIALA: I just have a question. And I've been
longing to ask this question anyways, and that is, how are those people
handling it right now? Is that stuff still going on while we're doing all
this stuff? Are they able to sleep at night?
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February 12,2008
CHAIRMAN HENNING: Well, it's the same old issue, whether
it be a Super Bowl game or any other game or any special event, yeah,
they're having to live with that issue.
But there's other issues as far as, you know, the two-story
building and how the board's going to deal with that, and just the
overall Stevie Tomatoes PUD.
So did you want to bring it all at once or did you want some
direction today on -- I mean, it -- to me that -- that bar over there is
very offensive to the residents, and maybe we should have something,
a recommendation on the next agenda from the county attorney on
that issue, if that would be appropriate.
MR. KLATZKOW: We can do that, sir.
CHAIRMAN HENNING: Okay. Great. The next issue,
Commissioners, you received some correspondence from -- well, from
myself through Sam Tucker, EDC is asking me to sign some letters as
chairman of the Board of Commissioners.
I think the -- one of them we talked about, the incentives of
software -- software technology, you know, regional technology
partnerships and the other one is through a private party --
private/public partnership with the Board of Commissioners, EDC is
working to coordinate an incentive to support healthcare and life
science businesses in Collier County.
Now, I remember the first one is something we discussed. I just
don't remember the second one. And does the board members have a
problem with me signing this on behalf of the Board of
Commissioners?
Commissioner Coyle?
COMMISSIONER COYLE: I've read the letters, Commissioner
Henning, and no, I don't have any objection.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: At this point in time there's no
money involved in this. It's just signing letters; is that correct?
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February 12, 2008
CHAIRMAN HENNING: Yeah. There's no checks going in
these letters.
COMMISSIONER HALAS: No checks attached, all right.
COMMISSIONER FIALA: I read them and I have no problem.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: No. Thank you.
CHAIRMAN HENNING: We'll prepare that.
The second thing, the last meeting we had a discussion on public
petitions on the board, whether it be a code enforcement case or some
kind of a litigation.
After much thought about that, I have a problem with that, and let
me tell you why. There was a code case on a community that
previously installed a boat ramp and the board, through the assistance
of the county manager and Mr. Schmitt, naturally, and Commissioner
Coyle's office, we straightened that out, and I'm not going to lose that
opportunity.
And also, through public petitions or, you know, just
conversations with constituents, too, that the board has made policy
contrary to the way it is enforced. And we always need that ability to
try to hit that target, because no matter what legislation that we put in
there's going to be effects, and maybe negative effects and unintended
consequences.
So I just tell you that for a commissioner to say nothing under a
public petition because it's a code case or other things, I don't think
that's proper. You know what I mean?
COMMISSIONER FIALA: No, not at all. I don't understand.
CHAIRMAN HENNING: The last meeting we agreed to put it
into writing on a public petition on a code case or a litigation matter
that the commissioners are not going to comment, and my opinion,
that doesn't fit at all. Okay?
And then the last thing, I got -- I was contacted by somebody that
wants to purchase Robert Lockhart's house that has a lot of code fines
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February 12,2008
on it because -- well, it's actually going into foreclosure, or the lien.
We authorized to foreclose it, I believe.
But anyways, Mr. Lockhart, in most of everybody's opinion, was
on the wrong track. And I want to throw something out there of
settling this code case for 25 percent of the lien when Mr. Lockhart
petitioned the Board of Commissioners. Is that agreeable? Or do we
want to ask the Code Enforcement Board what would be the
appropriate amount? Can we do that? Is--
MR. KLATZKOW: This has left their jurisdiction. You own the
lien.
CHAIRMAN HENNING: Yes.
MR. KLATZKOW: And at this point in time it's your
prerogative.
CHAIRMAN HENNING: It is, but, you know, our advisory
board gives us some good guidance, and if we could just task them to
give us some guidance about settlement on a lien. Commissioner
Coyle, do you have a --
COMMISSIONER COLETTA: No, Coletta, Coletta.
CHAIRMAN HENNING: I'm sorry.
COMMISSIONER COLETTA: That's okay. I'm a lot younger.
Remember that, sir. I'm very proud of the fact.
CHAIRMAN HENNING: I'm told more handsome.
COMMISSIONER COLETTA: That's correct.
CHAIRMAN HENNING: I don't know in agree with it, but at
least --
COMMISSIONER COLETTA: Commissioner Fiala will give it
a second opinion in a moment. Yes. No, I agree with you, sir.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yeah.
CHAIRMAN HENNING: Okay. Commissioner Coyle?
COMMISSIONER COYLE: I have no objection to asking for
some people's advice on the issue. I'd still like to have a chance to
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February 12, 2008
make a final decision, but I like advice.
CHAIRMAN HENNING: Yep. Commissioner Halas? That's
the last thing I have.
Commissioner Halas, do you have anything?
COMMISSIONER HALAS: Yes. I'd like to make one thing
clear under item 10A. I voted on the negative side, and it wasn't
pertaining to any of the items that are on our fiscal year 2009
legislative agenda. All those particular items, nine of them, along with
the additional priorities and grants for the Ochopee Fire District, rural
services, fire safety, Immokalee Emergency information broadcast
equipment, Bayshore/Shadowlawn transportation corridor
improvements.
I feel that those are very well warranted. Concerns that I had was
in regards to sidewalks because of the fact that the transportation
system within the United States is pretty much in shambles, and when
we've got bridges collapsing and the freeways collapsing also, I'm
concerned about taking something up to our elected officials in
Washington.
But I can assure you that that will be addressed or aired with our
legislative representatives. But I -- so I just wanted to get that clear on
the record that I'm in favor of all of that stuff so -- except the one item
that was discussed here on the agenda, or on the dias.
Thank you very much for your time.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I promised to talk about this
a bit more. I'd just like to make sure everybody understands that you
know I am not a prude, right?
COMMISSIONER COLETTA: No.
CHAIRMAN HENNING: A prune?
COMMISSIONER COYLE: A prude.
COMMISSIONER COLETTA: No, we don't know that, sir.
COMMISSIONER COYLE: This business about this coffee
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company with what many people consider is the offensive name, has
arisen again because there are two signs now on Naples Boulevard
advertising the fact that that coffee company is going to be setting up
offices there right across the street from the movie theater within a
short distance of the high school.
My problem is that I object to the public use of obscene and
offensive language because, you know, our children are going to start
talking that way and thinking that it's all okay. We have this Bad Ass
Coffee Company on 3rd Street Naples. Children walk by that, parents
complain about the name of the place, other parents complained today
to me about this issue, and I think we ought to try to do something
about it.
This is not the community for that kind of business name. There
are lots of other names for coffee companies. And I would just like to
see what we can do about limiting signs of that nature.
And the staff has kindly provided me a copy of the Land
Development Code on prohibited signs. I don't think the Land
Development Code is quite as explicit as it should be, although its
intent is clearly -- is fairly clear. So I would ask that staff take a look
at that and maybe provide us some modification on words and see if
we can't do something a little more explicit.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Just one thought. The
Estates had to deal with this some time ago regarding driver's license,
or the plates on cars, yes.
COMMISSIONER COYLE: Plates, yes.
COMMISSIONER COLETTA: And they had to come up with a
whole array of different names that are unacceptable. And I'm -- so if
you're going to look into it, you don't have to reinvent the wheel on it;
however, you know, it's going to be kind of tricky. How do we deal
with some issues that came up before where people found some names
to be offensive and others didn't, such as Hooters. Where would that
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February 12,2008
fall in this particular array of names?
COMMISSIONER COYLE: That's a question we'd have to
address during the study.
COMMISSIONER COLETTA: Okay.
CHAIRMAN HENNING: So you're in favor of directing staff to
take a look at the Land Development Code and potential -- make
recommendations for the amendment for -- not to offend
Commissioner Coyle?
COMMISSIONER COLETTA: Well, here's the whole thing that
I'm a little bit concerned with. We have a limited resource that's
getting more limited by the moment. Priorities have to be set. I don't
know what Mr. Schmitt would say about where he could fit it in, but
it'd be an interesting thing to deal with it. Possibly maybe we could
have some outside group do the workforce and come back with some
recommendations.
CHAIRMAN HENNING: Well, I think there's a court case on
this in the State of Florida --
COMMISSIONER COLETTA: Oh.
CHAIRMAN HENNING: -- that maybe we can get the
assistance from the county attorney and give staff direction. But I'm
willing to look at it.
Commissioner Fiala?
COMMISSIONER FIALA: Oh, no. I was just saying something
to the back of the room.
CHAIRMAN HENNING: Oh, you're going like this?
COMMISSIONER FIALA: Yeah, I was trying to catch her
attention.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yeah. I just wonder if we went to
the proprietor of this establishment and the other establishment that
he's going to be setting up, and ask him if he might look at addressing
the name himself without going through a whole rhetoric of things.
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February 12,2008
MR. KLATZKOW: I think it's a franchise.
COMMISSIONER COYLE: Yeah. I think it is, too. In fact, the
owner calls herself Mrs. Bad Ass, so --
COMMISSIONER HALAS: Is that her name?
COMMISSIONER COYLE: I don't think so.
CHAIRMAN HENNING: Can I ask you a question? I've never
been to this establishment. Once in a while I go to Lowe's so I
wouldn't really -- I'm more interested in hardware than what's on a
sign. But do they have a logo of a donkey?
COMMISSIONER COYLE: Yep.
CHAIRMAN HENNING: You know what, I think we're not
going to get anywhere on this.
COMMISSIONER COYLE: We can try.
CHAIRMAN HENNING: Yeah. Can we ask the county
attorney to -- let me find the court case.
MR. MUDD: Yes, sir. It was an Estero court case that was just
defeated, so --
CHAIRMAN HENNING: Well, that's on a different one, but this
is also very relevant because this is a national chain and it was tried in
the court. Do you mind that? Let me send that to you.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: I think it will answer a lot of your
questions.
COMMISSIONER COYLE: Okay. But would you have a
problem if at least the county attorney were to give me an opinion on
this --
CHAIRMAN HENNING: Sure, yeah.
COMMISSIONER COYLE: -- and work with me on that issue?
MR. KLA TZKOW: Be happy to.
COMMISSIONER COYLE: Okay, good.
CHAIRMAN HENNING: Great. Yeah. And that other one in
Estero was not a franchise. Had to do with somebody's name.
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Anything else, commissioner Coyle?
COMMISSIONER COYLE: No, no. That's all for me, thank
you.
CHAIRMAN HENNING: Entertain a motion to adjourn.
COMMISSIONER COYLE: So moved.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: We're adjourned. Do we need a vote
on that? Yeah, there is.
All in favor of the motion?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Motion is unanimous. We're
adjourned.
****Commissioner Halas moved, seconded by Commissioner Coyle
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16A1
REFUND OF A PORTION OF A PETITION FEE RECEIVED FOR
A 2006 CYCLE OF GROWTH MANAGEMENT PLAN
AMENDMENTS WHICH AMENDMENT WAS FOUND TO BE
NOT NECESSARY - REFUND AMOUNT $16,000.00
Item # 16A2
RECORDING THE FINAL PLAT OF SUNCOAST SCHOOLS
FEDERAL CREDIT UNION - W/RECEIPT OF A CERTIFICATE
Page 122
February 12,2008
OF ADEQUATE PUBLIC FACILITIES
Item # 16A3
RECORDING THE FINAL PLAT OF AVE MARIA UNIT 1,
CAMP KEAIS POINTE PHASE 1, APPROV AL OF THE
ST ANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY - W/STIPULATIONS
Item #16A4
RESOLUTION 2008-35: (THIS ITEM CONTINUED FROM THE
JANUARY 15,2008 AND THE JANUARY 29, 2008 BCC
MEETING) ROADWAY (PRIV ATE) AND DRAINAGE
IMPROVEMENTS FOR THE FINAL PLAT OF MAJORS PHASE
ONE, (LEL Y RESORT PUD), ROADWAY AND DRAINAGE
IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED -
W/RELEASE OF THE MAINTENANCE SECURITY
Item #16A5
RESOLUTION 2008-36: (THIS ITEM CONTINUED FROM THE
JANUARY 15,2008 AND THE JANUARY 29,2008 BCC
MEETING) ROADWAY (PRIV ATE) AND DRAINAGE
IMPROVEMENTS FOR THE FINAL PLAT OF MAJORS PHASE
TWO, (LEL Y RESORT PUD), ROADWAY AND DRAINAGE
IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED -
W/RELEASE OF THE MAINTENANCE SECURITY
Item #16A6
Page 123
February 12,2008
RESOLUTION 2008-37: (THIS ITEM WAS CONTINUED FROM
THE JANUARY 15,2008 AND THE JANUARY 29,2008 BCC
MEETING) ROADW A Y (PRIV ATE) AND DRAINAGE
IMPROVEMENTS FOR THE FINAL PLAT OF MAJORS PHASE
THREE, (LEL Y RESORT PUD), ROADWAY AND DRAINAGE
IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED -
W/RELEASE OF THE MAINTENANCE SECURITY
Item #16A7
AMEND THE FY 2008 COLLIER COUNTY COMMUNITY
DEVELOPMENT AND ENVIRONMENTAL SERVICES
DIVISION BUDGET BY REDUCING OPERATING AND
CAPITAL FUNDING BY $500,000, AND REDUCING
BUDGETED REVENUE BY A LIKE AMOUNT - AS DETAILED
IN THE EXECUTIVE SUMMARY
Item # 16A8
RESOLUTION 2008-38: ROADWAY (PRIVATE) AND
DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
MEDITERRA PARCEL 100, THE ROADWAY AND DRAINAGE
IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED -
W/RELEASE OF THE MAINTENANCE SECURITY
Item #16B1
RESOLUTION 2008-39: CONTRACT BETWEEN MCDONALD
TRANSIT AND ONE ADDITIONAL SUBCONTRACTOR, FIRST
CHOICE TRANSPORT, INC., TO PROVIDE PARATRANSIT
SERVICE
Page 124
February 12,2008
Item #16B2
USE OF $88,000 IN PARA TRANSIT FUNDS FROM FY08 FOR
COLLIER AREA TRANSIT/PARATRANSIT'S OPERATIONS
CENTER SEWER CONNECTION AND THE NECESSARY
BUDGET AMENDMENTS - LOCATED AT 8300 RADIO ROAD
Item #16B3
AWARD A CONSTRUCTION CONTRACT TO BETTER ROADS,
INC. FOR IMMOKALEE ROAD (C.R. 846) SHOULDER
IMPROVEMENTS, FROM NORTH OF PLATT ROAD TO EAST
OF CORKSCREW LANE/SANCTUARY ROAD. F.M. NO.
417350-1, BID NO. 08-5029 (PROJECT NO. 60016) IN THE
AMOUNT OF $215,633.51 - AUTHORIZING A TEMPORARY
SPEED LIMIT REDUCTION FROM 55MPH TO 45 MPH WITHIN
THE LIMITS OF THE PROJECT DURING THE
CONSTRUCTION PHASE
Item # 16B4
RECOGNIZE AND ACCEPT REVENUE FOR COLLIER AREA
TRANSIT BUS SHELTERS IN THE AMOUNT OF $42,600 AND
TO APPROVE ALL NECESSARY BUDGET AMENDMENTS -
CHECKS WERE RECEIVED BY COLLIER COUNTY
DEPARTMENT OF ALTERNATIVE TRANSPORTATION
MODES FROM MDG CAPITAL CORP. FOR $10,000; FROM
TREVISO BAY ON US 41 EAST FOR $27,600; AND FROM RAM
DEVELOPMENT COMPANY FOR A PUD AGREEMENT FOR
$5,000
Item #16C1
Page 125
February 12, 2008
RESOLUTION 2008-40: ACCEPT TWO SOUTH FLORIDA
WATER MANAGEMENT DISTRICT AL TERNA TIVE WATER
SUPPLY GRANTS IN THE TOTAL AMOUNT OF $1,700,900
FOR PARTIAL FUNDING OF THE CONSTRUCTION OF THE
RECLAIMED WATER TRANSMISSION MAIN - IMMOKALEE
ROAD PHASE 1, PROJECT #74311 AND THE SOUTH COUNTY
REGIONAL WATER TREATMENT PLANT 20-MGD
WELLFIELD EXPANSION FY08, PROJECT #70892
Item # 16C2
RECOMMENDATION ON HOW THE POTABLE WATER
SURCHARGE CAN BE APPLIED IN A FAIR AND EQUITABLE
MANNER TO DEVELOPMENTS SUCH AS THE CRYSTAL
LAKE RV RESORT AND OTHER RV RESORTS AND SIMILAR
TRAILER P ARKS THAT ARE CLASSIFIED AS COMMERCIAL
UNDER THE LAND DEVELOPMENT CODE, ZONING
DISTRICTS AND USES
Item #16D1
AGREEMENT BETWEEN COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AND THE PHYSICIAN LED
ACCESS NETWORK (PLAN) IN THE AMOUNT OF $50,000 TO
PROVIDE MEDICAL REFERRAL SERVICES FOR LOW-
INCOME RESIDENTS IN COLLIER COUNTY
Item #16D2
A LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF
Page 126
February 12,2008
100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCA TED AT LOT
166, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN
IMP ACT FEES
Item #16D3
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
7, BLOCK 9, NAPLES MANOR ADDITION, EAST NAPLES-
DEFERRING $26,204.83 IN IMPACT FEES
Item # 16D4
A LIEN AGREEMENT WITH HABITAT 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
6, BLOCK 9, NAPLES MANOR ADDITION, EAST NAPLES -
DEFERRING $26,204.83 IN IMPACT FEES
Item #16D5
A LIEN AGREEMENT WITH HABITAT 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
5, BLOCK 9, NAPLES MANOR ADDITION, EAST NAPLES-
DEFERRING $26,204.83 IN IMPACT FEES
Page 127
February 12,2008
Item # 16D6
A 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
22, BLOCK 6, NAPLES MANOR ADDITION, EAST NAPLES -
DEFERRING $26,204.83 IN IMP ACT FEES
Item #16D7
A LIEN AGREEMENT WITH HABIT A T 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
6, BLOCK 10, NAPLES MANOR ADDITION, EAST NAPLES-
DEFERRING $26,204.83 IN IMP ACT FEES
Item #16D8
A LIEN AGREEMENT WITH HABIT A T FOR HUMANITY OF
COLLIER COUNTY (DEVELOPER) FOR DEFERRAL OF 100%
OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
61, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN
IMPACT FEES
Item # 16D9
A LIEN AGREEMENT WITH HABIT A T FOR HUMANITY OF
COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-
Page 128
February 12,2008
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
62, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN
IMPACT FEES
Item #16D10
A LIEN AGREEMENT WITH HABIT AT 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
63, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN
IMPACT FEES
Item #16D11
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
64, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN
IMPACT FEES
Item #16D12
A LIEN AGREEMENT WITH HABITAT 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
60, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN
IMPACT FEES
Item #16D13
Page 129
February 12,2008
A 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
57, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN
IMP ACT FEES
Item #16D14
A 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
58, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN
IMPACT FEES
Item #16D15
A 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
59, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN
IMPACT FEES
Item #16D16
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
Page 130
February 12,2008
180, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN
IMP ACT FEES
Item #16D17
A 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
40, LIBERTY LANDING, IMMOKALEE - DEFERRING
$12,442.46 IN IMPACT FEES
Item #16D18
A LIEN AGREEMENT WITH HABIT A T 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
39, LIBERTY LANDING, IMMOKALEE - DEFERRING
$12,442.46 IN IMPACT FEES
Item #16D19
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
109, LIBERTY LANDING, IMMOKALEE - DEFERRING
$12,442.46 IN IMPACT FEES
Item # 16D20
Page 13 1
February 12,2008
A LIEN AGREEMENT WITH HABIT AT 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
108, LIBERTY LANDING, IMMOKALEE - DEFERRING
$12,442.46 IN IMPACT FEES
Item #16D21
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 # 16D22
AWARD BID #08-5037 TO PROVIDE MEALS FOR THE SENIOR
NUTRITION PROGRAM FOR AN ESTIMATED ANNUAL
AMOUNT OF $200,000. THIS PROGRAM IS FUNDED BY THE
OLDER AMERICANS ACT GRANT AWARDED TO THE
HOUSING AND HUMAN SERVICES DEPARTMENT -
AWARDED TO G.A. FOOD SERVICES, INC.
Item # 16D23
PROPOSED LEASE MODIFICATION BETWEEN THE BOARD
OF COUNTY COMMISSIONERS AND THE CHILDREN'S
MUSEUM OF NAPLES, INC - EXTENDING THE COMPLETION
OF CONSTRUCTION FROM DECEMBER 2008 TO DECEMBER
31,2010 - PROJECT LOCATED AT NORTH COLLIER
Page 132
February 12,2008
REGIONAL PARK
Item # 16D24
BUDGET AMENDMENT FOR $150,000 FOR NEXT PHASE OF
NUMERICAL MODELING OF AL TERNA TIVES AT WIGGINS
PASS - TO INITIATE THE REQUIRED FDEP ALTERNATIVE
ANAL YSIS NUMERICAL MODELING PHASE
Item #16D25
AMENDMENT TO AGREEMENT BETWEEN COLLIER
COUNTY AND COLLIER COUNTY HOUSING DEVELOPMENT
CORPORATION (SHIP HOMEBUYER EDUCATION AND
COUNSELING) TO F ACILIT ATE AN OVERALL ANALYSIS
AND EV ALUA TION OF THE EDUCATION PROGRAM - ONLY
REVISES THE SUBMITTAL OF CERTAIN INFORMATION TO
HOUSING AND HUMAN SERVICES
Item #16D26
AWARD CONTRACT #08-5028 IN THE AMOUNT OF
$179,060.40 TO QUALITY ENTERPRISES USA, INC. FOR THE
GOLDEN GATE COMMUNITY PARK BOAT RAMP PROJECT
#800317 - TO GIVE THE GENERAL PUBLIC DIRECT ACCESS
TO THE EXISTING GOLDEN GATE CANAL CHANNELS
Item #16D27
BUDGET AMENDMENT TRANSFERRING $62,500 FROM
PROJECT #806051, DELASOL NEIGHBORHOOD PARK, TO
PROJECT #800341, OAKES NEIGHBORHOOD PARK - IN
Page 133
February 12,2008
ORDER TO PURCHASE AND INSTALL PARK AMENITIES
Item #16D28
PAY AN OUTSTANDING FY 2007 INVOICE OF $12,971 USING
FY 2008 LETHAL YELLOWING DISEASE ALLOTMENT
FUNDS FOR SUPPRESSION AND REMOVAL SERVICES
RENDERED WHILE IMPLEMENTING THE COLLIER COUNTY
LETHAL YELLOWING DISEASE ORDINANCE 2004-11
Item #16D29
AMENDMENT TO AGREEMENT BETWEEN COLLIER
COUNTY AND THE EMPOWERMENT ALLIANCE OF SW
FLORIDA (SHIP HOMEBUYER EDUCATION AND
COUNSELING) TO FACILITATE AN OVERALL ANALYSIS
AND EV ALUA TION OF THE EDUCATION PROGRAM -
REVISES ONLY CERTAIN INFORMATION THAT WILL BE
SUBMITTED TO HOUSING AND HUMAN SERVICES
Item #16D30
AGREEMENT WITH THE STATE OF FLORIDA'S
DEPARTMENT OF CHILDREN AND FAMILIES, ACCEPTING A
CHALLENGE GRANT IN THE AMOUNT OF $140,000-
AUTHORIZING NECESSARY BUDGET AMENDMENTS
ASSOCIATED WITH RECEIVING THE GRANT
Item #16D31
SUB RECIPIENT AGREEMENT PROVIDING A CHALLENGE
GRANT IN THE AMOUNT OF $16,000, TO THE SAINT
Page 134
February 12,2008
MATTHEWS HOUSE, TO FUND TRANSPORTATION COST
ASSOCIATED WITH COLLIER COUNTY'S HOMELESS
POPULATION - FOR THE PURCHASE OF BUS PASSES AND
THE MAINTENANCE OF AN EXISTING VAN
Item #16D32
SUBRECIPIENT AGREEMENT PROVIDING A CHALLENGE
GRANT IN THE AMOUNT OF $59,000, TO THE SHELTER FOR
ABUSED WOMEN AND CHILDREN TO FUND ONE FULL-
TIME SHELTER ADVOCATE/COUNSELOR, AND 45% OF A
SECOND SHELTER ADVOCATE/COUNSELOR - TO ASSIST
WITH THE SHORT AND LONG TERM NEEDS ALONG WITH
ACCESSING MAINSTREAM BENEFITS, FOOD STAMPS,
MEDICATIONS, JOB PLACEMENT OPPORTUNITIES, LIFE
SKILLS, BUDGETING, NUTRITION, SELF CARE AND LEGAL
ASSISTANCE
Item #16D33
SUBRECIPIENT AGREEMENT PROVIDING A CHALLENGE
GRANT, IN THE AMOUNT OF $65,000, TO THE COLLIER
COUNTY HUNGER AND HOMELESS COALITION TO
PROVIDE FUNDING TO MAINTAIN, IMPROVE, AND EXPAND
THE HUD MANDATED HMIS SYSTEM - FOR EQUIPMENT,
SOFTWARE, PERSONNEL, RENT, AND OPERATIONAL
COSTS
Item #16E1 - Moved to Item #10E
Item # 16E2
Page 135
February 12,2008
AWARD OF RFP #07-4141, MULTIFUNCTIONAL
PRINTER/COPIER PRODUCTS, AND CORRESPONDING
AGREEMENT BETWEEN COLLIER COUNTY AND 1. M.
TODD, INC., IN THE ESTIMATED AMOUNT OF $95,000
ANNUALLY - AGREEMENT AWARDED TO 1.M. TODD, INC.
Item #16E3
CONVEYANCE OF AN EASEMENT TO FLORIDA POWER &
LIGHT COMPANY FOR PROVIDING UTILITY SERVICES TO
THE EXPANSION OF THE GOLDEN GATE LIBRARY AT 2432
LUCERNE ROAD, AT A COST NOT TO EXCEED $27.00,
PROJECT 54261-1 - FOR THE RECORDING OF THE THREE
PAGE EASEMENT
Item #16F1
ASSISTANCE TO FIREFIGHTERS GRANT AGREEMENT
FROM THE FEDERAL EMERGENCY MANAGEMENT
AGENCY FOR THE INST ALLA TION OF POWERED
COMPUTER MOUNTING SYSTEMS, INCLUDING DOCKING
STATIONS TO PROVIDE MOBILE DATA TERMINAL
CAP ABILITY IN EMERGENCY MEDICAL SERVICES
AMBULANCES AND COMMAND VEHICLES; TO APPROVE A
BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE
GRANTS FUNDS IN THE AMOUNT OF $48,960; AND TO
APPROVE THE USE OF PREVIOUSLY RECEIVED FLORIDA
EMERGENCY MEDICAL SERVICES COUNTY GRANT FUNDS
IN THE AMOUNT OF $12,240 AS MATCHING FUNDS. THE
USE OF COUNTY GRANT FUNDS AS THE CASH MATCH HAS
BEEN APPROVED BY THE STATE OF FLORIDA
DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY
Page 136
February 12,2008
MEDICAL SERVICES - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item # 16F2
DESTINATION MANAGEMENT ACCREDITATION PROGRAM
2007 ANNUAL REPORT FORM FOR THE NAPLES, MARCO
ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU
- THE REPORT WILL INDICATE ANY CHANGES IN
OPERATIONS, LEADERSHIP OR TOURISM CRITERIA
Item #16F3
PUBLIC TELECOMMUNICATIONS FACILITIES PROGRAM
GRANT APPLICATION IN THE AMOUNT OF $117,420 WITH A
CASH MATCH OF $58,710 - WILL ALLOW FOR PRE-
POSITIONING OF THE EARLY ALERT WARNING SPEAKER
TOWERS FOR THE TRANSMITTING OF UP-TO-DATE
EMERGENCY INFORMATION IN DIFFERENT LANGUAGES
TO IMPROVE COMMUNICATIONS TO THE CITIZENS IN
IMMOKALEE AND VISITORS DURING TIMES OF DISASTER
Item #16H1
COMMISSIONER HALAS' REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED A ROOKERY BAY LUNCHEON
MEETING AND FILM PRESENTATION, ENTITLED, "THE
CLIMATE OF CHANGE", ON THURSDAY, JANUARY 31, 2008,
AT THE ROOKERY BAY ENVIRONMENTAL LEARNING
CENTER IN NAPLES, FLORIDA. $7.00 TO BE PAID FROM
COMMISSIONER HALAS' TRAVEL BUDGET
Page 13 7
February 12,2008
Item # 16H2
COMMISSIONER HALAS' REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE FRIENDS OF BAREFOOT BEACH
PRESERVE LUNCHEON AND ANNUAL MEMBERSHIP
MEETING ON FRIDAY, FEBRUARY 1,2008, AT IMPERIAL
GOLF CLUB IN NAPLES, FLORIDA. $20.00 TO BE PAID FROM
COMMISSIONER HALAS' TRAVEL BUDGET
Item # 16H3
COMMISSIONER HALAS' REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED A COMMUNITY TORAH
INAUGURATION AND CELEBRATION ON SUNDAY,
JANUARY 20,2008, AT THE RITZ CARLTON IN NAPLES,
FLORIDA. $10.00 TO BE PAID FROM COMMISSIONER
HALAS' TRAVEL BUDGET
Item #16H4
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. WILL ATTEND THE HEARTS IN THE GARDEN
EVENT ON FEBRUARY 14,2008, AT NAPLES BOTANICAL
GARDEN; $30.00 TO BE PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET
Item #16H5
Page 138
February 12,2008
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. WILL ATTEND THE STARS IN THE ARTS 2008
AWARDS LUNCH ON WEDNESDAY, FEBRUARY 27,2008, AT
NAPLES GRANDE RESORT; $85.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H6
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE LEAGUE OF WOMEN VOTER'S
JANUARY LUNCH MEETING ON MONDAY, JANUARY 21,
2008, AT THE COLLIER ATHLETIC CLUB; $20.00 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item # 16H7
COMMISSIONER COLETTA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDING THE EDC BENEFACTOR
FOUNDATIONS AND VIP PREMIER BREAKFAST, FEBRUARY
7,2008. $20 TO BE PAID FROM COMMISSIONER COLETTA'S
TRAVEL BUDGET
Item #16H8
COMMISSIONER COLETTA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDING THE EDC MEMBERSHIP MEETING
FEATURING SPACE FLORIDA AND DAYJET, FEBRUARY 28,
2008. $30 TO BE PAID FROM COMMISSIONER COLETTA'S
Page 139
February 12,2008
TRAVEL BUDGET
Item # 16H9
COMMISSIONER COLETTA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. PAID REGISTRATION FEE ON-SITE AND
ATTENDED THE EVERGLADES COALITION CONFERENCE
DINNER ON JANUARY 10,2008. $50 TO BE PAID FROM
COMMISSIONER COLETTA'S TRAVEL BUDGET
Item #16H10
COMMISSIONER COLETTA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDING THE COLLIER HARVEST
APPRECIATION RECEPTION, FEBRUARY 13,2008. $10 TO BE
PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET
- AT THE NORTHERN TRUST BUILDING LOCATED AT 4001
T AMIAMI TRAIL NORTH
Item #16H11
COMMISSIONER COLETTA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDING THE MARJORY STONEMAN
DOUGLAS LUNCHEON ON FEBRUARY 27,2008. $20 TO BE
PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET
- AT THE SEAFOOD DEPOT IN EVERGLADES CITY
Item #1611
Page 140
February 12,2008
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 141
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORESPOPNDENCE
February 12, 2008
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1) Affordable Housing Commission:
Minutes of November 8,2007; December 13, 2007.
Sub-Committee:
Minutes of November 14, 2007; November 28,2007.
2) Collier County Planning Commission - Form 1:
Agenda of January 17,2008.
3) Contractors Licensing Board:
Minutes of December 19, 2007.
4) Development Services Advisorv Committee:
Minutes of December 5,2007.
5) East of 951 Infrastructure and Services Horizon Study Public
Participation Master Plan Committee:
Minutes of December 19, 2006; January 22, 2007; June 11,2007;
August 13,2007; October 8,2007.
6) Golden Gate Community Center Advisory Committee:
Minutes of December 3,2007.
7) Ochopee Fire Control District Advisory Committee:
Minutes of November 19, 2007; December 10, 2007.
8) Parks and Recreation Advisory Board:
Minutes of December 19, 2007.
9) Pelican Bay Services Division Board:
Agenda of November 7,2007; December 5,2007.
Minutes of November 7,2007; December 5, 2007.
B. Other
1) Fire Services Steering Committee:
Minutes of November 29,2007.
February 12,2008
Item # 1611
DISBURSEMENTS FOR THE PERIOD OF JANUARY 12,2008
TO JANUARY 18, 2008 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item # 16J2
DISBURSEMENTS FOR THE PERIOD OF JANUARY 19,2008
TO JANUARY 25, 2008 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #1613
DISBURSEMENTS FOR THE PERIOD OF JANUARY 26, 2008
TO FEBRUARY 1,2008 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16K1
STIPULATED FINAL JUDGMENT FOR PARCEL NO. 187RDUE
IN THE LAWSUIT STYLED CC V JOSEPH NOEL, ET AL, CASE
NO. 07-3200-CA (OIL WELL ROAD PROJECT #60044). (FISCAL
IMPACT $6,424.50)
Item # 16K2
SEVEN SETTLEMENTS FOR ROAD RIGHT-OF-WAY
PARCELS ACQUIRED THROUGH CONDEMNATION FOR THE
OIL WELL ROAD PROJECT (OIL WELL ROAD PROJECT #
60044). (FISCAL IMPACT $41,920.25) - FOR THE FOLLOWING:
PARCEL 174RDUE IN CC V HITTINGER, CASE NO. 07-3898-
Page 142
February 12,2008
CA; PARCEL 192RDUE IN CC V MUNOZ, CASE NO. 07-2823-
CA; PARCEL 196RDUE IN CC V SARDINAS, CASE NO. 07-2824-
CA; PARCELS 182RDUE AND 196RDUE IN CC V YZAGUIRRE,
CASE NO. 07-2746-CA; PARCELS 197RDUE AND 189RDUE IN
CC V NOEL, CASE NO. 07-3200-CA
Item # 16K3
SETTLEMENT AFTER MEDIATION IN THE LA WSUIT
ENTITLED CHARLES MCCLEAF Vs. COLLIER COUNTY FILED
IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA, CASE NO. 06-2350-CA, FOR
$25,000.00
Item #16K4
BUDGET AMENDMENT IN THE AMOUNT OF $150,000 FOR
OUTSIDE COUNSEL FEES AND $40,000 FOR OTHER
CONTRACTUAL SERVICES (USED FOR EXPERTS AND
CONSUL T ANTS) - AS DETAILED IN THE EXECUTIVE
SUMMARY
Page 143
February 12,2008
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:00 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL ISTRI TS UNDER ITS CONTROL
.
TOM HENNING, Chairm n
ATTEST:
DWIGHTE>BROCK, CLERK
~ .n,' .
~~~
. u t.) 0\11 . s
119f\'1tl.tr't Oft 1', .
. ;'( , ),'
These minutes approved by the Board on \"v1o,rdA II 1200'8' , as
presented v or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 144