BCC Minutes 05/13/2008 R
May 13, 2008
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 13,2008
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
Sue Filson, BCC Executive Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Office of the Clerk of Court
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
May 13, 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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May 13,2008
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 IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Bob Townsend, Mayflower Congregation
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. April 8, 2008 - BCC/Regular Meeting
C. April 9, 2008 - BCC/County Attorney Applicant Interviews
D. April 15, 2008 - BCC/Growth Management Plan Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5- Year Recipients:
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May 13, 2008
1) William Hughes - Environmental Advisory Council
2) Suzanne Bradach - Housing Finance Authority;
10-Year Recipients:
3) Dr. Fay Biles - Water and Wastewater Authority
4. PROCLAMATIONS
A. Proclamation designating May 25,2008 as National Missing Children's Day.
To be accepted by Amelia Vasquez and Maribel Slabaugh from the National
Center for Missing & Exploited Children/Collier County.
B. Proclamation recognizing May 4 - 10,2008 as Goodwill Industries Week.
To be accepted on behalf of Goodwill Industries of Southwest Florida by
President and CEO Tom Feurig, Vice President of Communications and
Development Carolyn Johnson, and Vice President of Retail Operations
Brian Itzkowitz.
C. Proclamation designating May 18 - May 24, 2008 as National Association of
Insurance Women Week. To be accepted by Elizabeth M. Bellairs, AAI,
ACSR, CPIA, Client Advisor, Gulfshore Insurance, Inc.
D. Proclamation to recognize Current and Future Leaders. To be accepted by
Leomene Aime, Magdonald Aime, Mercedes Contreras, Adelene Exceus,
Jose Villegas Galvan, Wilta Grefin, Elizabeth Hernandez, Gilberto Martinez,
Jose Luis Martinez, Jr., and Johny Williamceau.
E. Proclamation to recognize May 18-24, 2008 as Collier County Emergency
Medical Services Week. To be accepted by Collier County Bureau of
Emergency Services Director Dan Summers.
F. Proclamation to recognize May 2008 as National Water Safety Month. To be
accepted by Recreation Supervisor-Sun N Fun Lagoon, Bradie Allen.
G. Proclamation to recognize May 12-16, 2008 as National Transportation
Week. To be accepted by Transportation Services Division Administrator
Norman Feder, Transportation Engineering and Construction Management
Department Director Jay Ahmad, Traffic Operations Department Director
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May 13, 2008
Bob Tipton, Alternative Transportation Department Director Diane Flagg,
Road Maintenance Interim Director John Vliet, Transportation Planning
Department Director Nick Casalanguida, and Associate Professor of
Environmental and Civil Engineering, V.A. Whitaker School of Engineering
Cynthia Orndoff.
H. Proclamation to recognize May 18,2008 as Haitian Flag Day. To be
accepted by Ancelot Similien, Coordinator and Director of La Perle TV of
Collier County.
I. Proclamation to recognize May 2008 as Older Americans Month. To be
accepted by the employees of Housing and Human Services Department
Services for Seniors Marcy Krumbine, Director; Bonnie Fauls, Case
Manager Supervisor; Carlton Bronson, Case Manager; Debbi Maxon, Case
Manager; Kelly Robinson, Case Manager; Leslie Weinreb, Case Manager;
Terri Daniels, Accounting Supervisor; Dory Carillo, Accounting Technician.
5. PRESENTATIONS
A. Presentation to Sheriff Don Hunter and the Collier County Sheriff's Office
for completing the United States Immigration and Customs Enforcement
cross-training program to improve immigration enforcement in Florida. To
be presented by Senator Burt Saunders.
B. Presentation by Senator Saunders to William Lascheid, M.D., and Nancy
Lascheid, R.N.; for their outstanding public service in making quality
medical care available to uninsured, low-income adults in Collier County by
establishing an exemplary volunteer-based neighborhood health clinic,
coordinating its services, and serving as volunteers.
C. The Collier County Emergency Medical Services Department has adopted
the PHOENIX A WARD to recognize those EMS Paramedics EMTs,
Firefighters and Sheriffs Deputies, who through their skills and knowledge,
have successfully brought back to life individuals who had died.
D. Recommendation to recognize Eddie Chesser, Senior Equipment Operator,
Coastal Zone Management, as Employee of the Month for April 2008.
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May 13, 2008
E. Presentation on the South Regional Library Construction Project by
Deangelis Diamond Construction, general contractor.
6. PUBLIC PETITIONS
A. Public petition request by Billy Summers to discuss dog attack investigation.
B. Public petition request by Clay Brooker to discuss temporary Certificate of
Occupancy for Naples Nissan building located at Pine Ridge
Road/Whippoorwill Lane.
C. Public petition request by Lucille Acken to discuss Occupational License for
Unit Band C in the Promenade Parkway Building.
D. Public petition request by Aisling Swift to discuss privacy buffer at New
Hope Ministries.
Item 7 and 8 to be heard no sooner than 1:00 V.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 1:00 p.m. This item continued from the April
22, 2008 BCC Meetinl!:. Recommendation that the Board of County
Commissioners consider adopting an Ordinance amending the Collier
County Consolidated Impact Fee Ordinance, which is Chapter 74 of the
Collier County Code of Laws and Ordinances, by incorporating the directed
changes to the Charitable Organization Impact Fee Deferral Program.
B. This item was continued from the April 8, 2008 BCC meetinl!:. This item
reQuires that all participants be sworn in and ex parte disclosure be
provided bv Commission members. PUDZ-A-2007-AR-II723: Amy
Turner and/or Tammy Turner Kipp, represented by D. Wayne Arnold,
AICP, Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich of
Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., request a
rezone from Planned Unit Development (PUD) to Community Facility
Planned Unit Development (CFPUD) for the Vanderbilt Trust 1989 PUD, to
allow development of a maximum of 200 assisted living, continuing care
retirement community, nursing home, retirement community and/or
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May 13, 2008
independent living facility units for persons over the age of 55, to be
developed at a 0.6 floor area ratio. The subject 7.8 acre property is located
on the north side of Vanderbilt Beach Road (CR 862), approximately 1/4
mile east of Livingston Road (CR 881) in Section 31, Township 48 South,
and Range 26 East, Collier County, Florida.
9. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to declare a vacancy on the Habitat Conservation Plan Ad
Hoc Committee.
B. Appointment of member to the Collier County Code Enforcement Board.
C. Appointment of member to the Contractors Licensing Board.
D. Appointment of members to the Animal Services Advisory Board.
E. Appointment of member to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
F. Appointment of members to the Emergency Medical Services Advisory
Council.
G. Discussion regarding advisory boards' functions, powers and duties.
(Commissioner Tom Henning)
H. Request for the Board of County Commissioners to consider joint
participation of the Collier County Public Safety Coordinating Council with
other Public Safety Coordinating Councils in Lee, Charlotte, Hendry and
Glades counties for the purpose of joint grant applications to address public
safety concerns such asjail overcrowding. (Commissioner Fred Coyle)
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 4:00 p.m. A presentation to the Board of County
Commissioners regarding a conceptual plan to finance operating costs and
capacity recovery improvements on County roads having constraints due to
traffic signals serving non-public roadways and driveways by use of a user
fee for Convenience Signals. (Bob Tipton, Traffic Operations Director and
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May 13, 2008
Norman Feder, Transportation Services Administrator)
B. This item to be heard at 11 :00 a.m. Review the results from the recently
completed Vanderbilt Beach Recreational Pier public workshops and obtain
direction from the Board of County Commissioners on how to proceed.
(Gary McAlpin, Coastal Zone Management Director)
C. Recommend to review and obtain approval of the recently completed
proposed Manatee Park Master Plan, obtain direction from the Board of
County Commission on how to proceed and approve a time and material,
not-to-exceed proposal to Corzo Castella Carballo Thompson Salman, P.A.
(C3TS) to develop a Design Criteria Package to be utilized for a design-
build bid package and solicitation. (Gary McAlpin, Coastal Zone
Management Director and Barry Williams, Parks and Recreation Director)
D. This item to be heard at 10:30 a.m. Recommendation that the Board of
County Commissioners approve a request from I HOPE, Inc., and authorize
the disbursement of$13,000.00 from the Marco Island Affordable Housing
Trust Fund, for payment of permitting and licensing fees related to the
installation of thirty six (36) FEMA trailers in the Immokalee area. (Marcy
Krumbine, Housing and Human Services Director)
E. Recommendation for direction on the type, content and timing of reports the
Board of County Commissioners would like to receive from the Clerk of
Courts on the taxpayers investment portfolio. (John Y onkosky, Office of
Management and Budget Director)
F. Authorization of a budget amendment which will establish appropriations to
pay the Clerk of Courts for the annual cost, incurred by the Clerk, associated
with the investing activity of the Boards investment portfolio. (John
Yonkosky, Office of Management and Budget Director)
G. Recommendation to award Bid # 08-5035, Administration Building
(Building F) Generator Replacement to Southeastern Communication
Service, Inc., to provide for the replacement and installation of a new
generator for Building F on the Main Government Complex in the amount of
$1,226,635, provide for advanced approval of a 15% change order authority,
and authorize approval for the necessary budget amendments. (Damon
Gonzales, Facilities Management Manager)
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May 13, 2008
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the County Attorney develop and advertise an
ordinance that repeals and replaces Ordinance No. 74-7 with an ordinance
prohibiting camping in the unincorporated areas of Collier County. (Jeff
Klatzkow, County Attorney)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the sewer utility
facility for Collier Seminole State Park.
2) Recommendation to approve final acceptance of the water utility
facility for Sabal Bay Commercial Plat, Phase 3.
3) To accept final and unconditional conveyance of the water utility
facility for Vanderbilt Beachcomber Resort 3.
4) Recommendation to approve final acceptance of the water utility
facility for Fiddler's Creek, Phase 3 Unit 2 - Stages 1 and 2.
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Fiddler's Creek, Phase 2A Unit I.
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May 13, 2008
6) To accept final and unconditional conveyance of the water utility
facilities for Fiddler's Creek - Lake 88.
7) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearinl!: be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Pelican Bay Unit Ten, Replat of
Sites 31 and 32.
8) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearinl!: be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Firenze at Tuscany Reserve.
9) To accept final and unconditional conveyance of the water utility
facility for Lemuria.
10) A request to increase the scope of work of the Collier County Inter-
Active Growth Model (CIAGM) to allow for the CIAGM's land use
modeling to be utilized by AIM Engineering & Surveying, Inc., the
consultants for the Transportation Division.
11) Recommendation that the Board of County Commissioners approve a
second extension of the required time frame for fee payment
assistance and job creation for Salazar Machine and Steel,
Incorporated, an approved participant in the Fee Payment Assistance
Program and the Job Creation Investment Program; direct staff to
allocate $50,500 in funding for FY 2008 for this applicant; and
specify this as the final time extension for meeting the program
requirements.
12) This item reQuires that ex parte disclosure be provided by
Commission members. Should a hearinl!: be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Hatchers Preserve, approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
13) Recommendation to accept a Proposed Settlement Agreement
providing for Compromise and Release of Lien in the Code
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May 13, 2008
Enforcement Action entitled Collier County v. Ernestina Sacca, CEB
No. 2005-13, relating to property located at 2960 56th Avenue N.E.
Collier County, Florida.
14) Reconsideration of Item lOG from the March 25, 2008 BCC Meeting
with reference to final approval of the roadway (private) and drainage
improvements for the final plat ofOlde Cypress Unit One (Olde
Cypress PUD). (Commissioner Henning request)
B. TRANSPORTATION SERVICES
1) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize additional revenue for the PUD
Monitoring / Traffic Counts Project within the Transportation
Supported Gas Tax Fund (313) in the amount of $11 0,259.00 for
Project No. 691242.
2) Recommendation to award RFP #08-5045, Annual Contract for
Roadway Contractors to the following contractors: Apac Southeast,
Inc.; Better Roads, Inc.; Gustafson Construction Corp.; David Barron
Land Development, Inc.; and; Quality Enterprises USA, Inc.
(estimated annual amount $1,750,000).
3) Approve a FY 2008 budget amendment recognizing $25,000 in
insurance proceeds received in CAT Transit Fund (426) during FY
2007.
4) Recommendation that the Board of County Commissioners approve
the Landscape Maintenance Agreement between Collier County,
Florida and Artesia Naples Community Development District for
landscaping within the right-of-way on Barefoot Williams and Tower
Roads.
5) Recommendation to approve Work Order #BC-FT-3773-08-08 to
Bonness, Inc. for the Forest Lakes MSTU Bond Project - Phase One
Drainage Swales using the Annual Contract for Roadway Contractors,
Contract No. 05-3773, in the amount of $237,554.95.
6) Recommendation to adopt a Resolution by the Board of County
Commissioners of Collier County authorizing a speed limit increase
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May 13, 2008
from forty-five miles per hour (45 mph) to fifty miles per hour (50
mph) on Immokalee Road for the eastbound section from Collier
Boulevard to one-half mile west of Wi Is on Boulevard and for the
westbound section from Wilson Boulevard to one-half mile east of
Collier Boulevard.
7) Recommendation to Approve a Stipulated Final Judgment in the
Amount of $ 10,200.00 for the Acquisition of Parcel 148RDUE in the
Lawsuit Styled Collier County, Florida v. John Goddard, et aI., Case
No. 07-3111-CA (Oil Well Road Project #60044). Fiscal Impact:
$6,600.00)
8) Recommendation for the Board of County Commissioners to approve
budget amendments to reallocate funding on projects within Capital
Road Funds. Project 60168 and 60091.
C. PUBLIC UTILITIES
1) Recommendation to reject proposals received under RFP 08-5038,
Automatic Meter Reading System.
2) Recommendation to approve a Master Agreement for Demand Side
Management and Energy Efficiency Services with Florida Power &
Light Company (FP&L) for Public Utilities Division participation in a
guaranteed energy performance savings program at numerous major
facilities.
3) Recommendation to approve the Agreement Regarding Alternative
Impact Fee Calculation between the Collier County Water-Sewer
District and the Tamiami Square of Naples, LLC.
4) Recommendation to ratify the appointment of a representative and an
alternate of the Collier County Water-Sewer District to attend
meetings of the Lower West Coast Utility Council.
5) Recommendation to approve AshBritt Environmental Inc. (contract
05-3661) and Solid Resources Inc. (Contract 05-3831) as the initial
debris recovery team for Collier County's 2008 hurricane season
debris removal and monitoring contractors for operational readiness.
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May 13, 2008
6) Recommendation to approve a budget amendment to recognize
additional carry forward and expenditures in operating expenses,
capital outlay and reserve for contingencies in the Water Pollution
Control Fund (114) in the amount of$735,800.
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Erasmo
Martinez III and Teresa Ann Hinojosa (Owners) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 112, Liberty Landing, Immokalee.
2) Recommendation to award Bid No. 08-5057R, Pool Chemicals and
Supplies to Commercial Energy Specialists, Inc., The Dumont Co.,
Inc., HornerXpress-Gulf Coast, Inc., SCP Distributors, LLC and
NuC02 at an estimated cost of $183,800.
3) Recommendation to award Contract No. 08-5056, Roberts Ranch
Pioneer Museum Driveway and Site Work to FTA Holdings LLC dba
Ace Asphalt, for the construction and site work of a driveway and
sidewalk for the Church Building in the amount of$74,828.00.
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Orriane
Louissaint (Owner) for deferral of 100% of Collier County impact
fees for an owner-occupied affordable housing unit located at Lot 43,
Trail Ridge, East Naples.
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Gene
Silguero and Jennifer Silguero (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at New Market Subdivision, Block 19, Lot 5, Immokalee.
6) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Fernando
Lago and Amelia Lago (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
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May 13, 2008
located at Lot 46, Trail Ridge, East Naples.
7) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Viergenie
Alliance and Dieumonfranc Alliance (Owners) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 47, Trail Ridge, East Naples.
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Lennar
Homes LLC (Developer) for deferral of 100% of Collier County
impact fees for a 10 unit owner-occupied affordable multi-family
housing units located in a parcel ofland in Section 23, Township 48
South, Range 26 East Collier County, Tract E, Heritage Bay
Commons (9063 Gervais Circle), North Naples.
9) Recommendation to approve and authorize the Chairman to sign a
Florida Fish and Wildlife Conservation Commission (FWC), Florida
Boating Improvement Program (FBIP) Grant Application for a
Recreational Boating Characterization Study to the Coastal Zone
Management Department to be awarded funds in the amount of
$80,000.
10) 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.
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Carlos
Metz and Joyce Metz (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Vista III at Heritage Bay, Unit 1603, North Naples.
12) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Ketty
Argote (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 178,
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May 13, 2008
Trail Ridge, East Naples.
13) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Ramon
Lopez Berovides and Florinda D. Perez Fernandez (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 33, Trail Ridge, East Naples.
14) Recommendation to approve a Florida Fish and Wildlife Conservation
Commission (FWC), Florida Boating Improvement Program (FBIP)
Application for Bayview Park Boat Access Facility for the Coastal
Zone Management Department in the amount of $400,000.
15) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Nelson
Arteaga and Idalmis Perez (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 35, Trail Ridge, East Naples.
16) Recommendation to Obtain Board Approval to Award Bid No. 08-
5034, "Tee Shirts" to North Coast Imagewear in the Amount of
$60,000.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve a budget amendment to move $7,100
from the Collier County General Fund Reserves to the Facilities
Maintenance Fund in order to fund invasive exotic plant management
within a County owned conservation easement.
2) Recommendation to approve a Statutory Deed between the Collier
County Transportation Division and the Conservation Collier Program
for approximately 12.5 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $65,000.
3) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
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May 13, 2008
4) Recommendation to confirm and consent to the re-assignment of
Contract 05-3827 "Temporary Laborers" from Tandem Staffing
Solutions, Inc. to Select Staffing Solutions Inc.
5) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution #2004-15 for the second quarter of
FY08.
6) Recommendation that the Board of County Commissioners approve a
Resolution approving a policy for the acceptance ofland conveyances
by the Conservation Collier Land Acquisition Program in the Transfer
of Development Rights (TDR) Program for the Rural Fringe Mixed
use District (RFMUD).
F. COUNTY MANAGER
1) Recommendation to approve a Certificate of Public Convenience and
Necessity for the Collier County Emergency Medical Services
Department at a renewal rate for FY 08 of $250.00.
2) Recommendation to approve the after-the-fact submittal of a Federal
Emergency Management Agency Assistance to Firefighters Grant in
the amount of $340,000 for the purchase of a Pumper Tanker for the
Ochopee Fire Control District.
3) Recommendation to waive the formal competitive bid process;
approve the purchase of 40 heart monitors, along with associated
accessories and service agreements from Philips Medical Systems for
an estimated total of$729,192.20; and to approve a budget
amendment for an intrafund transfer from capital to operating within
Fund 490 EMS to fund the lease payments for the balance of FY08 in
the amount of $54,041.90.
4) Recommendation to approve the after-the-fact submittal of a United
States Department of Interior Rural Fire Assistance Grant application
in the amount of $11 ,460 for the purchase of equipment and protective
clothing for the Ochopee Fire Control District.
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May 13, 2008
5) Recommend approval of amendments to TDC Category Band C
Grant Agreements for FY 08 to remove the requirement for matching
funds.
6) Recommendation to approve the submittal of a US Department of
Homeland Security Citizen Corps/CERT Program Grant application
in the amount of$19,000.
7) Recommendation to approve the submittal of a State Emergency
Response Team sub grant for the Department of Homeland Security
(DHS) and the State of Florida Division of Emergency Management
to establish a Citizens Emergency Response Team (CERT) Program
for the Town of Ave Maria in the amount of$17,977.
8) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2007 -08 Adopted Budget.
9) Recommendation for approval of a budget amendment that reduces
certain Fiscal Year 2008 capital project budgets and appropriates
certain Fiscal Year 2007 capital grant project revenues carried
forward into Fiscal Year 2008.
10) Recommendation to waive formal competition and authorize staff to
negotiate a new federal lobbyist services contract with The Ferguson
Group.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners authorize its Chairman to execute a Resolution
authorizing the Collier County Airport Authority to enter into Master
Joint Participation Agreement (MJP A) 2008-A with the Florida
Department of Transportation to fund projects at the Everglades
Airpark, the Immokalee Regional Airport and Marco Island Airport.
H. BOARD OF COUNTY COMMISSIONERS
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May 13, 2008
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the EDC VIP Breakfast on Thursday, May I, 2008, at The
Naples Grande Beach Resort in Naples, Florida. $28.00 to be paid
from Commissioner Halas' travel budget.
2) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Will attend the EDC Best Places to
Work Awards Ceremony on May 22,2008. $35 to be paid from
Commissioner Coletta's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Authorize the Supervisor of Elections to accept federal election
activities funds with a 15% matching contribution.
2) To obtain Board approval for disbursements for the period of April
19, 2008 through April 25, 2008 and for submission into the official
records of the Board.
3) To obtain Board approval for disbursements for the period of April
26, 2008 through May 02, 2008 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve an Agreed Order for Supplemental
Attorneys Fees in connection with Parcels 720, 820A, 820B and 920
in the lawsuit styled Collier County v. Elhanon Combs, et al., Case
No. 03-2352-CA (Golden Gate Parkway, Project #60027). (Fiscal
Impact: $4,200.00)
2) Recommendation to approve a Stipulated Final Judgment for Parcel
No. 159A in the lawsuit styled CC v. Andy Morgan, et ai, Case No.
02-5169-CA (Immokalee Road Project # 60018). (Positive Fiscal
Page 17
May 13, 2008
Impact $953.04)
3) Recommendation that the Board of County Commissioners approve
an exception to the current hiring freeze policy for general fund
positions and authorize the County Attorney to advertise for and fill a
vacant essential Assistant County Attorney (Land Use) position.
4) That the Board of County Commissioners approve, and authorize the
Chairman to sign, a Resolution revising the County Attorney Office
Fiscal Year Pay and Classification Plan effective May 14, 2008, and
approve the new job descriptions for Section Chiefs and the Of
Counsel position.
5) Recommendation to approve settlement at mediation prior to trial in
the lawsuit entitled Estella lemma, et. ai, vs. Collier County Board of
Commissioners filed in the Twentieth Judicial Circuit in and for
Collier County, Florida, Case No. 07-2295-CA, for $20,000.00.
6) Authorize Assistant County Attorney to bid on behalf of Collier
County at foreclosure (Code Enforcement Lien) sales schedule by the
Clerk in BOARD OF COUNTY COMMISSIONERS v. JEAN
CLAUDE MARTEL, CASE NO. 06-1902-CA.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2007-AR-12668
B&B Cash Grocery Stores, Inc., represented by Charlie Martin, requesting a
Page 18
May 13, 2008
Variance of 17 feet to replace an automobile service station canopy that was
destroyed by Hurricane Wilma; and a Variance of seven feet to relocate two
fuel pump dispensers. The subject property is located at 401 1st Street
South, South lmmokalee Heights Unit, Section 4, Township 47 South,
Range 29 East, Collier County, Florida.
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2008-AR-1295I
Irvine Dubow, requesting a 1O.7-foot Variance from the required 15-foot
front yard setback of the Vineyards PUD, to allow a 4.3-foot setback in
order to rebuild a pool cage that was destroyed by Hurricane Wilma. The
subject property is located at 590 I Almaden Drive in Section 8, Township
49 S, Range 26 E, Collier County, Florida.
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. HD-2008-AR-12980,
Patricia and Steve Huff request a Historic Designation for property located
at 238 Mamie Street for building known as JT's Island Grill and Gallery.
Subject property is located in Section 36, Township 53, Range 29,
Chokoloskee, Florida.
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. HD-2008-AR-12981,
Everglades Society for Historical Preservation is requesting a Historical
Designation for The Bula Missionary Baptist Church of Copeland now
known as The Frances Hodge Community Center. The subject property is
located at 210 Turnstile Drive which is located on the south side of Turnstile
Drive and approximately 150 feet west of the intersection with Lee Cypress
Drive in Section 13, Township 52, Range 29, Copeland, Florida.
E. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CUR-2008-A-12955,
Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel &
Andress, is complying with condition number 3 of Conditional Use
Resolution 2007-274 for earth mining in the A-MHO Agricultural zoning
district, which requires a review of the Conditional Use approval to
determine whether additional stipulations or mitigation are necessary. The
subject property, consisting of 2,576 acres, is located east ofImmokalee
Road (CR-846), approximately 2 miles north of Oil Well Road (CR-858) in
Sections 35 & 36, Township 47 South, Range 27 East, and all of Sections 1
Page 19
May 13, 2008
& 2, Township 48 South, Range 27 East, Less Road Right-of-Way for
County Road 846, Collier County, Florida.
F. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2007-08 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 20
May 13, 2008
May 13, 2008
MR. MUDD: Mr. Chairman, Commissioners, you have a hot
mike.
CHAIRMAN HENNING: Good morning, everybody. Welcome
to the May 13,2008 Board of Commissioners' meeting of Collier
County .
Our invocation is going to be led by Pastor Bob Townsend of the
Mayflower Congregational Church. And Mr. Summers, if you would
lead us in the invocation after -- or the Pledge of Allegiance after that,
I would appreciate that.
Would you all rise for the Pledge and invocation.
PASTOR TOWNSEND: Let us pray. Gracious and loving God,
as we gather in this beautiful community, we take a moment to
remember those in other places who are suffering through difficult
situations, cyclones, earthquakes, tornado, the loss of a loved one in
battle.
We ask your blessing to be on our military around the world,
watch over and care for them, and we offer thanks for those in this
community who give so much to make this community all that it is.
We ask for your presence with us this day and for the gift of wisdom
for all those gathered for this meeting of the Collier County
Commission.
Help us to remember that we're all stewards of the gift of this
world that you have given us. In your name we pray, amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN HENNING: Before the county manager walks us
through the change list, we have nine proclamations this morning.
That's why we have a full house. We also have four or five
presentations.
The senator reminded me this afternoon he has a speaking
engagement. So I'm going to ask my colleagues if they are willing to
approve all the proclamations at once, get some pictures, and let's get
to the -- on with the agenda.
Page 2
May 13, 2008
Is that -- is it okay, Commissioner Coyle?
COMMISSIONER COYLE: That's okay with me.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Just one thing. You're saying
not necessarily to read them into the record.
CHAIRMAN HENNING: No. They're already into the record.
They're a part of our agenda packet.
COMMISSIONER COLETTA: I feel a little uncomfortable with
it, to be honest with you.
CHAIRMAN HENNING: Well, we've got three--
COMMISSIONER COLETTA: Then you have what you need.
CHAIRMAN HENNING: Yep. So that's what we're going to do
today.
County Manager, you want to walk us through the change list?
MR. MUDD: Yes, sir.
COMMISSIONER FIALA: But all ofthese people are here to
hear them, aren't they?
COMMISSIONER COYLE: They're here to receive them.
CHAIRMAN HENNING: They're here to receive the
proclamations.
COMMISSIONER FIALA: Well, yeah. I don't agree with that
but, you know, the majority rules, I guess.
Item #2A
REGULAR, CONSENT AND SUMMARY AGENDA-
APPROVED AND/OR ADOPTED WITH CHANGES
MR. MUDD: The agenda changes, Board of County
Commissioners' meeting, May 13,2008.
Item 4D, name correction. Recipient's name is Jose Galvan
Villegas rather than Jose Villegas Galvan.
Page 3
May 13,2008
Next item is item 4G, also accepting this proclamation will be
Fletcher Holmes, president, and Caesar Nunez, vice-president of the
Florida Gulf Coast University student chapter of the American Society
of Civil Engineers, and that clarification's at staffs request.
Next item is item 41. It's, recognition also goes to Lorraine (sic)
Wahlstrom, Care Club; Kathy Hughes, the Accucare Nursing; Steve
Edmonston, Alzheimer's Support Group; Leigh Schield, director of the
Area Agency on Aging; Betty Gamble (sic), Senior Friendship
Centers; Yvette Spiker, parks and recreation; Mary Lou Lindsay,
Goodwill Industries; Eddie Hartnack, Veterans' Services; Deb Milsap,
Collier County Health Department; Jackie Borchers, Collier County
Sheriffs Office; Angela Larson, Collier County Sheriffs Office.
Also recognized are Beth Packer, Mrs. Irby, Robina Kingston,
Mr. Sobel, Marie Turnbull, Patricia Cavaseno, Joan Dahl, and Mel
Scott.
Next item is an add on item 41. It's a proclamation designating
May 16,2008 as National Bike to Work Day, and the entire month of
May, 2008, be designated the National Bike Month.
To be accepted by Nick Casalanguida, director of transportation
planning department; David Buckheit, the Community Traffic Safety
Team chairman; Russ Muller, Americans with Disabilities chairman;
Jerry Kurtz, Naples Area Tri-Athletes member; Joe Bonness,
Pathways Advisory Committee chairman; Allan Ryker, Naples
Pathway Coalition. That item is added at staffs request.
The next item is to withdraw item 6C. It's a public petition
request by Lucille Acken to discuss the occupational license for Unit
Band C in the Promenade Parkway building. That item is withdrawn
at the petitioner's request.
Next item is to move item 16D9 to lOR. It's a recommendation
to approve and authorize the chairman to sign a Florida Fish and
Wildlife Conservation Commission Florida Boating Improvement
Program grant application for a recreational boating characterization
Page 4
May 13, 2008
study to the coastal zone management department to be awarded funds
in the amount of $80,000. The item is being moved at Commissioner
Henning's request.
The next item is to move item 17E to 16A 15, and this item has to
do with Jones Mine. The board heard it at the last meeting. This is
basically the clarifying resolution for board's approval to basically
take it from 18 detonations per month to two per week, no more than
eight per month, and the item was not advertised, nor did it need to be
advertised. Again, it's just a resolution, a clarifying resolution that the
board directed at the last meeting. It's the item -- move item 17E to
16A 15.
And then you have four time certain items today,
Commissioners. Item 8A to be heard at one p.m., and that basically
has to do with the charitable organization impact fee deferral program.
The next item is to be heard at four p.m., and that's item lOA, and
that is Board of County Commissioners presentation to the -- it's a
presentation to the Board of County Commissioners regarding a
conceptual plan to finance operational -- operating costs and capacity
recovery improvements on county roads having constraints due to
traffic signals serving non-public roadways and driveways by use of a
user's fee for convenience signals.
Next time certain item is item lOB, and that is -- and that is to be
heard at 11 a.m. It's a review -- to review the results from the recently
completed Vanderbilt Beach recreation pier public workshops and
obtain direction from the Board of County Commissioners on how to
proceed.
The last time certain item is at 10:30 today. It's item 10D. It's a
recommendation that the Board of County Commissioners approve a
request from I-HOPE, Inc., and authorize the disbursement of$13,000
from the Marco Island Affordable Housing Trust Fund for payment of
permitting and licensing fees related to the installation of 36 FEMA
trailers in the Immokalee area.
Page 5
May 13, 2008
That's all I have, Mr. Chairman, Commissioners.
CHAIRMAN HENNING: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Commissioner Henning, I
was wondering if we could take a formal vote rather than just a nod of
the head as far as the -- not having the petitioner -- the people come
before us --
COMMISSIONER FIALA: Proclamation.
COMMISSIONER COLETTA: -- for proclamations. I feel very
uncomfortable with what's taking place. There are people here that
wanted to speak, and I feel --
CHAIRMAN HENNING: Well, see, I think you misunderstood.
What I said was approve all of the proclamations and dispense of
reading it and, you know, getting pictures with the people accepting
the proclamation is still going to go, and I didn't say anything about if
somebody wanted to speak about the proclamations.
COMMISSIONER COLETTA: No, and I appreciate that. I
mean, if it has to be that way, then so be it, but I would feel much
more comfortable if it was a formal vote.
CHAIRMAN HENNING: Okay. Mr. Klatzkow, do you have
any changes to today's agenda?
MR. KLA TZKOW: No, sir.
CHAIRMAN HENNING: Commissioner Coletta, do you have
any changes or ex parte on today's agenda?
COMMISSIONER COLETTA: Yes, thank you for the
opportunity .
Of course we're talking about the consent agenda and the
summary agenda. In the consent agenda, item -- or no, on summary
agenda, item 17C, I had a meeting with Patty Huff; then 17E, I had
meetings, correspondence, emails and phone calls.
And I got a request on behalf -- for the commission, I'd like to see
agenda item 12A, which is the anti-camping ordinance, to be joined
Page 6
May 13, 2008
with the agenda item 8A so they could be heard at the same time,
which has a time certain of one o'clock. The items are directly related,
and I'm respectively requesting that the commission agree to hear 12A
first at one p.m., and it will just take a few minutes, and be followed
by 8A. That's the first part. Do my fellow commissioners agree to
that?
COMMISSIONER COYLE: No.
COMMISSIONER COLETTA: There's a direct correlation
between it. And if! may, very briefly, in order for us to be able to
effectively enforce the ordinance, the anti-camping ordinance -- and
that's a good ordinance. It will help to control vagrancy, forest fires,
and crime in general. The one single problem is that in order to move
vagrants off land, you have to have a shelter that can accept them.
At this time we are trying -- we are dependent on St. Matthew's
House and Friendship House to accept these homeless people. If these
nonprofits are unable to grow their capacity to serve anti-camping
ordinance, that will not be able to be effectively -- an effective
deterrent that we were hoping for.
And I think there's a direct relationship, and I'd like to see them
tied together so that we could at least hear the anti-camping ordinance
first and then go to the one there regarding the arrangement for the
nonprofit impact fee deferrals.
CHAIRMAN HENNING: I guess that would have to be up to
the motion maker and the second approving the agenda.
COMMISSIONER COLETTA: Okay.
CHAIRMAN HENNING: Is that okay?
COMMISSIONER COLETTA: Fine. That's fine.
And then the other item for discussion, I'd like to pull A14.
COMMISSIONER FIALA: 16A14?
COMMISSIONER COLETTA: 16A14.
MR. MUDD: Commissioners, that would become 101.
COMMISSIONER COLETTA: And that concludes what I've
Page 7
May 13, 2008
got here, Commissioner Henning.
CHAIRMAN HENNING: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: As far as changes to the agenda, I
have none. And as far as the ex parte, I had a question on 16 -- or
17 A, and that is that automobile service station in Immokalee. I think
we discussed that at one other meeting. I know we discussed some
service situation who wanted to rebuild and redo because they were hit
with the tornado or, rather, with the hurricane, so I'm guessing that it
might be that, so I'm just going to put that on the record that we might
have spoken of that rather than discount it. And also 17E, I've had
meetings, correspondence, emails, and calls on 17E, which then
became -- what did it become? It became 16A15, thank you.
CHAIRMAN HENNING: 17E?
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: I had talked to Mr. Dubow who was
the -- that's part of 17B; and 17E, we discussed that at a previous
meeting. I did have a meeting with the applicant for the property
owner.
Commissioner Halas?
COMMISSIONER HALAS: Thank you very much. On the
consent agenda, I do not have any ex parte.
On the summary agenda, the only item is 17E, which is now
16A15. I had a number of meetings, correspondence, emails, and
phone calls in regards to this. I met with Bruce Anderson, Bruce
Tyson, and Damon Jones on 4/3/08, and a telephone conference call
with Bruce Anderson and Dr. Charles Dowding from Northwestern
University, and I also did have a site visit with Jones Mining,
12/13/07, and I believe that's all of my ex parte on the consent and
summary agenda.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Mr. Chairman, I have no further
Page 8
May 13, 2008
changes to the agenda.
With respect to ex parte disclosure, I have only what is now
labeled as 16A15. I have met with the petitioner, the petitioner's
agents, I have received correspondence, emails, telephone calls, and
it's all contained in a folder for examination if anyone's interested.
CHAIRMAN HENNING: Thank you.
Entertain a motion to approve today's agenda.
COMMISSIONER COLETTA: I'll make that motion with the
one change that we hear 12A at one o'clock, being followed by the--
let's see. Item 12A being followed by 8A--
MR. MUDD: 8A.
COMMISSIONER COLETTA: -- which that was the time
certain for one o'clock. Just take a few minutes to get through 12A.
COMMISSIONER FIALA: No, it won't, but I'll second your
motion as long as we can ask the Sheriffs Office to please let -- Don
Hunter?
SHERIFF HUNTER: Yes.
COMMISSIONER FIALA: Ifwe can let the Sheriffs Office
know that they need representatives here. This is something that
they've been wanting, and could you get ahold of Mike Nelson and
Rob Roux and have them come to the one o'clock time certain and
also I have to advise my kitchen cabinet as well.
COMMISSIONER COLETTA: Sure.
COMMISSIONER FIALA: Thank you.
CHAIRMAN HENNING: Okay. There's a motion and second
to approve today's agenda with the exception of hearing 12B (sic)
right after 12 -- 8A; is that correct, Commissioner Coletta?
COMMISSIONER COLETTA: No. Let's see. 12A would be
first, sir.
CHAIRMAN HENNING: 12A. 12A would be prior to --
COMMISSIONER FIALA: 8A.
CHAIRMAN HENNING: -- 8A.
Page 9
May 13, 2008
COMMISSIONER COLETTA: Right. And then that one
change that I made to the agenda as far as that one item to be for
discussion.
CHAIRMAN HENNING: 12A?
COMMISSIONER COLETTA: No, it was -- I pulled an item, or
is that already understood?
CHAIRMAN HENNING: Right.
COMMISSIONER COLETTA: Okay, fine.
COMMISSIONER FIALA: But should we assign it a place?
MR. MUDD: Yes, sir, 101. Yes, ma'am, 101.
COMMISSIONER FIALA: I'm glad you could tell the
difference.
CHAIRMAN HENNING: Any further discussion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
Motion fails for lack of majority.
Is there an alternative motion to approve today's agenda?
COMMISSIONER COYLE: Motion to approve the agenda as
amended by the county manager's update and also pulling the item
referenced by Commissioner Coletta from the consent agenda.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Is that also to approve all the
proclamations at once?
COMMISSIONER COYLE: Yes.
CHAIRMAN HENNING: Okay.
Page 10
May 13, 2008
COMMISSIONER HALAS: That's in my second.
CHAIRMAN HENNING: Discussion on the motion?
(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.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Motion carries 4-1, Commissioner
Coletta dissenting.
Page 11
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Mav 13. 2008
Item 4D: Name correction. Recipient's name is Jose Galvan Villegas, rather than Jose Villegas Galvan.
Item 4G: Also accepting this proclamation will be Fletcher Holmes, President, and Cesar Nunez, Vice
President, of Florida Gulf Coast University student chapter of American Society of Civil Engineers. (Staff's
request.)
Item 41: Recognition also goes to Luanne Wahlstrom, Care Club; Kathy Hughes, Accucare Nursing; Steve
Edmonston, Alzheimer's Support Group; Leigh Schield, Director Area Agency on Aging; Betty Gamel, Senior
Friendship Centers; Yvette Spiker, Parks and Recreation; Mary Lou Lindsay, Goodwill Industries; Eddie
Hartnack, Veterans' Services; Deb Milsap, Collier County Health Department; Jackie Borchers, Collier County
Sheriff's Office; Angela Larson, Collier County Sheriff's Office. Also recognized are Beth Packer, Mrs. Irby,
Robina Kingston, Mr. Sobel, Marie Turnbull, Patricia Cavaseno, Joan Dahl, and Mel Scott. (Staff's request.)
Add On Item 4J: Proclamation designating May 16, 2008 as National Bike To Work Day and the entire month of
May, 2008, be designated as National Bike Month. To be accepted by Nick Casalanguida, Director,
Transportation Planning Department; David Buchheit, Community Traffic Safety Team Chairman; Russ Muller,
American's with Disabilities Coordinator; Jerry Kurtz, Naples Area Triathletes member; Joe Bonness, Pathways
Advisory Committee Chairman; Allan Ryker, Naples, Pathways Coalition. (Staff's request.)
Withdraw Item 6C: Public Petition request by Lucille Acken to discuss Occupational License for Unit Band C
in the Promenade Parkway Building. (Petitioner's request.)
Move Item 16D9 to 10H: Recommendation to approve and authorize the Chairman to sign a Florida Fish and
Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant Application for a
Recreational Boating Characterization Study to the Coastal Zone Management Department to be awarded funds
in the amount of $80,000. (Commissioner Henning's request.)
Move Item HE to 16A15: This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. CUR-2008-A-12955, Mining Venture, LLC., represented by R. Bruce
Anderson of Roetzel & Andress, is complying with condition number 3 of Conditional Use Resolution 2007-274
for earth mining in the A-MHO Agricultural zoning district, which requires a review of the Conditional Use
approval to determine whether additional stipulations or mitigation are necessary. The subject property,
consisting of 2,576 acres, is located east of Immokalee Road (CR-846), approximately 2 miles north of Oil Well
Road (CR-858) in Sections 35 & 36, Township 47 South, Range 27 East, and all of Sections 1 & 2, Township 48
South, Range 27 East, less road right-of-way for County Road 846, Collier County, Florida. (Staff's request.)
Time Certain Items:
Item 8A to be heard at 1 :00 p.m. This item continued from the April 22, 2008 BCC meeting. Recommendation
that the Board of County Commissioners consider adopting an Ordinance amending the Collier County
Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances,
by incorporating the directed changes to the Charitable Organization Impact Fee Deferral Program.
Item 10A to be heard at 4:00 p.m. A presentation to the Board of County Commissioners regarding a
conceptual plan to finance operating costs and capacity recovery improvements on County roads having
constraints due to traffic signals serving non-public roadways and driveways by use of a user's fee for
"Convenience Signals".
Item 10B to be heard at 11 :00 a.m. Review the results from the recently completed Vanderbilt Beach
Recreational Pier public workshops and obtain direction from the Board of County Commissioners on how to
proceed.
Item 10D to be heard at 10:30 a.m. Recommendation that that the Board of County Commissioners approve a
request from I HOPE, Inc., and authorize the disbursement of $13,000.00 from the Marco Island Affordable
Housing Trust Fund, for payment of permitting and licensing fees related to the installation of thirty six (36)
FEMA trailers in the Immokalee area.
May 13,2008
Item #2B, #2C, and #2D
MINUTES FROM APRIL 8, 2008, REGULAR MEETING; APRIL 9,
2008, COUNTY ATTORNEY APPLICANT INTERVIEWS; APRIL
15, 2008, GMP MEETING - APPROVED AS PRESENTED
CHAIRMAN HENNING: Okay. Entertain a motion to approve
April 8, 2008 BCC Regular Meeting; April 9, 2008 BCC County
Attorney Application Interviews; April 15, 20008 BCC Growth
Management Plan.
COMMISSIONER HALAS: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Motion by Commissioner Halas,
second by Commissioner Coyle.
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 unanimously.
Item #3Al and #3A2
SERVICE AWARDS - 5 YEAR RECIPIENTS: WILLIAM
HUGHES - PRESENTED AND SUZANNE BRADACH - NOT
PRESENT
Now we go to Service awards, A, five-year recipients of advisory
board committees, and we have Mr. Bill Hughes from the
Page 12
May 13, 2008
Environmental Advisory Council and Susan Bradach --
COMMISSIONER FIALA: Bradach.
CHAIRMAN HENNING: -- Bradach from Housing --
MR. MUDD: Finance.
CHAIRMAN HENNING: -- Finance Authority.
MR. MUDD: Mr. Hughes and Ms. Bradach, if you could come
forward, please.
CHAIRMAN HENNING: I see Mr. Hughes.
Congratulations. Thank you for your service. We appreciate it.
There's a little pin for you.
COMMISSIONER HALAS: Congratulations.
COMMISSIONER COYLE: Mr. Hughes, thank you very much.
COMMISSIONER FIALA: Bill, thanks for all your service.
COMMISSIONER COLETTA: Thank you for your service.
MR. HUGHES: Thank you. Thank you all.
CHAIRMAN HENNING: A picture for your dart board.
(Applause.)
Item #3A3
SERVICE AWARDS -10 YEAR RECIPIENTS: DR. FAY BILES-
PRESENTED
MR. MUDD: Commissioners, our next advisory board awardee
is Dr. Fay Biles. She's served for 10 years on the water and
wastewater utility.
(Applause.)
CHAIRMAN HENNING: Take your pin.
DR. BILES: Thank you.
COMMISSIONER HALAS: Thank you, Fay.
COMMISSIONER COYLE: Thank you.
COMMISSIONER FIALA: Fay, thank you for all your help.
Page 13
May 13,2008
(Applause.)
MR. MUDD: Mr. Chairman, I'll read the subject line on the
proclamation and mention those people to come forward. At the time
that I read the proclamation and mention your name to come forward,
please come forward, at which time -- the board's already approved
the proclamation that's in the packet that you've helped craft and
create, and so then we can take the pictures. And ifthere's someone
there from your group that wants to speak on the particular item, if
they'd just go to the podium after the pictures and basically say those
comments, and then I'll move to the next item. Is that okay with you,
Mr. Chairman, Commissioners?
CHAIRMAN HENNING: That's good.
Item #4A
PROCLAMATION DESIGNATING MAY 25,2008 AS
NATIONAL MISSING CHILDREN'S DAY. ACCEPTED BY
AMELIA VASQUEZ AND MARIBEL SLABAUGH FROM THE
NATIONAL CENTER FOR MISSING & EXPLOITED
CHILDREN/COLLIER COUNTY - ADOPTED
MR. MUDD: Okay. First proclamation is 4A. It's a
proclamation designating May 25, 2008 as National Missing
Children's Day.
To be accepted by Amelia Vasquez and Maribel Slabaugh from
the National Center of Missing and Exploited Children of Collier
County. Mirabel and Amelia and anyone else for that particular item,
please come forward.
(Applause.)
MS. VASQUEZ: Thank you so much.
COMMISSIONER COLETTA: Thank you.
MR. MUDD: Any podium you'd like to give your remarks,
Page 14
May 13, 2008
ma'am.
MS. VASQUEZ: My name is Amelia Vasquez. I'm here with
the National Center for Missing and Exploited Children. I am a
program manager.
I want to thank the commissioners for your ongoing support.
We've just recently had your support in a case campaign, which is a
campaign against sexual exploitation. We appreciate your ongoing
support.
We also appreciate the Collier County Sheriffs Office support. I
see Sheriff Don Hunter, our biggest supporter, and our continuance in
prevention education here in Collier County.
This calls attention to National Missing Children's Day. We use
May 25th as a way to remember those that are still missing and those
children that we want to bring home, and also cause attention to take
25 minutes -- we have a huge campaign address. It only takes 25
minutes to talk to each other about safety. We're providing and we've
come up with 25 different ways the parents can address child safety.
And we pretty much say, it's -- anytime is a perfect time that you
can really talk to children. Take any moment that you can and
embrace and really teach them vital information, and that could,
perhaps, save them for a lifetime.
And we're -- we -- our major event is going to take place on May
25th at Coastland Center Mall from 11 to six p.m. Here's where we
have the Collier County Sheriffs Office joining us, the Naples Police
Department, we also have Big Brothers/Big Sisters, we also have
Boys and Girls Club, the Children's Advocacy Center of Collier
County, the Collier County Health Department. In addition, we have
the Youth Haven, Project Help and -- are also supporters of our
project, which is Bringing Them Home campaign, which is Wal-Mart
stores.
Together, what we hope to address is that we can provide you
vital information not only from our agency but all of these child
Page 15
May 13, 2008
advocates and pretty much put that in your hands and open up the
dialogue between your child, the parents, and guardians.
I encourage you to join us on the 25th. There's also various
information throughout the county and different events that will help
address National Missing Children's Day and our campaign.
Thank you so much.
CHAIRMAN HENNING: Thank you.
(Applause.)
Item #4 B
PROCLAMIA TION RECOGNIZING MAY 4 - 10, 2008 AS
GOODWILL INDUSTRIES WEEK. ACCEPTED ON BEHALF OF
GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA BY
PRESIDENT AND CEO TOM FEURIG, VICE PRESIDENT OF
COMMUNICATIONS AND DEVELOPMENT CAROLYN
JOHNSON, AND VICE PRESIDENT OF RETAIL OPERATIONS
BRIAN ITZKOWITZ - ADOPTED W/AGENDA APPROVAL
MR. MUDD: Our next proclamation is recognizing May 4th to
the 10th of 2008 as Goodwill Industries Week.
To be accepted on behalf of Goodwill Industries of Southwest
Florida by president and CEO, Tom Feurig; vice-president of
communications and development, Carolyn Johnson; and
vice-president of retail operations, Brian Itzkowitz.
(Applause.)
COMMISSIONER HALAS: Congratulations.
COMMISSIONER COYLE: Good morning. Thank you. Thank
you for your work.
MR. FEURIG: My name's Tom Feurig, the CEO of Goodwill
Industries of Southwest Florida. I'd like to thank you for the
recognition. We appreciate it very much.
Page 16
May 13,2008
I'd also like to recommit to you our involvement in Collier
County. We have, through our Town Centre store, have an office for
career development services, work evaluation and placement, and
have affected 500 lives in the past year of people in Collier County,
and we are committed to expand that and do even more through
greater strategic efforts on our part in this area.
Thank you very much for the recognition.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING MAY 18 - MAY 24,2008 AS
NATIONAL ASSOCIA nON OF INSURANCE WOMEN WEEK.
ACCEPTED BY ELIZABETH M. BELLAIRS, AAI, ACSR, CPIA,
CLIENT ADVISOR, GULF SHORE INSURANCE, INC. -
ADOPTED W/AGENDA APPROVAL
MR. MUDD: The next proclamation is designating May 18th
through May 24, 2008, as National Association of Insurance Women
Week. To be accepted by Elizabeth M. Bellairs, AAI, ACR -- excuse
me -- ACSR, and CPIA, client advisor, Gulfshore Industries (sic), Inc.
(Applause.)
COMMISSIONER HALAS: Congratulations.
COMMISSIONER COYLE: Congratulations.
CHAIRMAN HENNING: Thank you.
MS. BELLAIRS: I'd just like to thank you for the recognition.
Thank you very much.
CHAIRMAN HENNING: You're welcome. Thank you.
(Applause.)
Item #4 D
Page 17
May 13, 2008
PROCLAMATION RECOGNIZING CURRENT AND FUTURE
LEADERS. ACCEPTED BY LEOMENE AIME, MAGDONALD
AIME, MERCEDES CONTRERAS, ADELENE EXCEUS, JOSE
GALVAN VILLEGAS, WILTA GREFIN, ELIZABETH
HERNANDEZ, GILBERTO MARTINEZ, JOSE LUIS MARTINEZ,
JR., AND JOHNY WILLIAMCEAU - ADOPTED W/AGENDA
APPRO V AL
MR. MUDD: Commissioners, the next proclamation is to
recognize current and future leaders. To be accepted by Leomene
Aime, MagDonald Aime, Mercedes Contreras -- help me. I hope I'm
murdering -- I'm not murdering them, I hope, but my apologies--
Adelene Exceus, Jose Galvan Villegas, Wilta Grefin, Elizabeth
Hernandez, Gilberto Martinez, Jose Juis Martinez, Jr., and Johnny
Williamceau.
(Applause.)
CHAIRMAN HENNING: Enjoy yourself. Meet all your
Congressmen.
COMMISSIONER HALAS: Good to see you.
COMMISSIONER FIALA: Good morning.
COMMISSIONER HALAS: Good morning, sir. How are you?
(Applause.)
MS. DEGAR: Good morning, my name is Brogy Degar
(phonetic). I work with the Collier County School's Migrant
Education Program, and I'm also a research teacher at Immokalee
High School. And I'm very honored to be here with this group of
students this morning.
These 10 students have been selected to travel to Washington
D.C. to participate in the Close-up Foundations Program for new
Americans. They will be there from June 15th through the 21st.
Right now they're learning about local government. There they'll
learn about national government.
Page 18
May 13,2008
When they come back, they will be expected to design and
implement a local community service project and to use the skills that
they have acquired and the leadership skills that they have developed
in Washington D.C.
And they won this opportunity, they earned this opportunity
through their academic record, they had to write essays, they had to
get letters of recommendation, school participation, demonstrated
leadership as citizenship, et cetera.
So I'm going to pass the mike on to one of the students who will
publicly thank you as well. Thank you.
(Applause.)
MS. HERNANDEZ: Good morning. My name is Elizabeth
Hernandez, and I'm representing -- oh, I'm sorry. I'm speaking on
behalf of the Soza program. I would like to thank you for giving me
this opportunity to be here and experience this board meeting, and
thank you for inspiring us with your proclamation. Thank you.
(Applause.)
Item #4 E
PROCLAMATION RECOGNIZING MAY 18-24,2008 AS
COLLIER COUNTY EMERGENCY MEDICAL SERVICES
WEEK. ACCEPTED BY COLLIER COUNTY BUREAU OF
EMERGENCY SERVICES DIRECTOR DAN SUMMERS -
ADOPTED W/AGENDA APPROVAL
MR. MUDD: The next proclamation is to recognize May 18th
through the 24th, 2008, as Collier County Emergency Medical
Services Week. To be accepted by Collier County Bureau of
Emergency Services director, Dan Summers.
MR. SUMMERS: And I've asked the chiefs of the respective
services, our partners, to join me as well.
Page 19
May 13,2008
(Applause.)
COMMISSIONER FIALA: Thank you so much.
COMMISSIONER HALAS: Thank you so much.
MR. SUMMERS: I like these pictures with the sheriff. I could
use them.
(Applause.)
MR. SUMMERS: Mr. Chairman, and if! may, this year's theme
for the Emergency Medical Services Recognition Week is "Your Life
is Our Mission." This statement was chosen to recognize the
commitment and the professionalism of our emergency medical
personnel at all levels, our first responders, our law enforcement, our
fire partners, our fire paramedics, Collier County's mobile intensive
care paramedics, as well as our MedFlight personnel, and our civilians
that are important in our recognition, the notification of 911 bystander
assistance CPR, and our telecommunicators within dispatch centers
that helps us.
Part of this team's respective success, however, is provided by a
very strong leader, and he's not here today, but I'd like to also
recognize Dr. Robert Tober. His license, his guidance --
(Applause.)
MR. SUMMERS: His license, his guidance, and, trust me, his
vigilance in terms of medical care, has made this team one of the -- an
unparalleled lifesaving team in the Continental United States. And,
again, on behalf of all the responders in Collier County and the entire
team, thank you for this recognition.
CHAIRMAN HENNING: Thank you, Mr. Summers.
(Applause.)
Item #4 F
PROCLAMATION RECOGNIZING MAY 2008 AS NATIONAL
WATER SAFETY MONTH. ACCEPTED BY KERRY RUNYON,
Page 20
May 13,2008
REGIONAL MANAGER AT NORTH COLLIER REGIONAL
PARK AND GOLDEN GATE COMMUNITY PARK- ADOPTED
W / AGENDA APPROV AL
MR. MUDD: Commissioners, the next proclamation is to
recognize May, 2008, as National Water Safety Month. To be
accepted by recreational supervisor of the Sun-n-Fun Lagoon, Bradie
Allen.
(Applause.)
COMMISSIONER COLETTA: Thank you.
COMMISSIONER FIALA: I thought everybody'd be up here in
swim suits or something.
COMMISSIONER FIALA: Great smile.
COMMISSIONER COLETTA: That's got to be a frog.
UNIDENTIFIED SPEAKER: This is Sunny, our mascot.
MS. RUNYON: Good morning. I'm Kerry Runyon, regional
manager at North Collier Regional Park and Golden Gate Community
Park. I just wanted to thank you for this recognition.
I just want to reemphasize water awareness during this month of
May. There are some statistics of, six people drown in U.S. pools per
day. Statistically water parks are the safest place for families to have
fun in the water. Compared to other recreational aquatic facilities,
both guarded and unguarded, including community pools, beaches and
lakes, water parks have the lowest risk of danger from drowning.
Collier County emphasizes safe water practices. Learn to swim;
swim in areas supervised by a lifeguard; read and obey all rules
posted; children that are inexperienced swimmers should take
precautions; watch out for dangerous too's, too tired, too cold, too
much strenuous activity; set water safety rules for the whole family;
be knowledgeable of the water environment you are in and potential
hazards; pay attention to local weather conditions and forecasts; and
finally, use a feet-first entry into the pool.
Page 21
May 13, 2008
There have been, at Sun-n-Fun Lagoon Water Park, it's truly an
asset to Collier County residents, and there have been 341,975 visitors
at the water park since it opened in June 21, 2006. I just wanted to
thank you.
CHAIRMAN HENNING: Thank you.
(Applause.)
Item #4G
PROCLAMATION RECOGNIZING MAY 12-16,2008 AS
NATIONAL TRANSPORTATION WEEK. ACCEPTED BY
TRANSPORTATION SERVICES DIVISION ADMINISTRATOR
NORMAN FEDER, TRANSPORTATION ENGINEERING AND
CONSTRUCTION MANAGEMENT DEPARTMENT DIRECTOR
JAY AHMAD, TRAFFIC OPERATIONS DEPARTMENT
DIRECTOR BOB TIPTON, ALTERNATIVE TRANSPORTATION
DEP ARTMENT DIRECTOR DIANE FLAGG, ROAD
MAINTENANCE INTERIM DIRECTOR JOHN VLIET,
TRANSPORTATION PLANNING DEPARTMENT DIRECTOR
NICK CASALANGUIDA, AND ASSOCIATE PROFESSOR OF
ENVIRONMENTAL AND CIVIL ENGINEERING, U.A.
WHITAKER SCHOOL OF ENGINEERING CYNTHIA ORNDOFF
- ADOPTED W/AGENDA APPROVAL
MR. MUDD: Next proclamation is to recognize May 12th
through the 16th, 2008, as National Transportation Week.
To be accepted by transportation service division administrator,
Norman Feder; transportation engineer and construction management
department director, Jay Ahmad; traffic operations department
director, Bob Tipton; alternative transportation department director,
Diane Flagg; road maintenance interim director, John Vliet;
transportation planning department director, Nick Casalanguida; and
Page 22
May 13, 2008
associate professor of environmental and civil engineering, the u.A.
Whitaker School of Engineering, Cynthia Orndoff; and also accepting
the proclamation will be Fletcher Combs, president, and Caesar
Nunez, vice-president of the Gulf Coast -- of the gulf -- of the Florida
Gulf Coast University student chapter of the American Society of
Civil Engineers.
COMMISSIONER HALAS: Just want to thank Chairman
Henning for saving my soul this morning, because this was going to
be about a 15-minute proclamation. Who else gets this?
(Applause.)
CHAIRMAN HENNING: Hope you look forward to doing, you
know, community service.
MR. FEDER: Commissioners, very quickly, for the record,
because I appreciate that this board has managed to make basically
every week since at least 2000, when I came on board, transportation
week, I will be very brief so they'll continue to do so.
The only thing I did want to recognize is having the folks here
from the engineering school at Florida Gulf Coast and the students.
As a matter of fact, one was an intern in stormwater department
recently. They are the future transportation leaders, they're going to
bring us forward, and so we're looking to work with them and to
encourage folks to consider that as a profession. I thank you very
much.
CHAIRMAN HENNING: Thank you.
COMMISSIONER COYLE: Is proclamation writing a
profession also in the transportation department?
MR. FEDER: It hasn't gotten down to an art of perfection as far
as --
COMMISSIONER COYLE: Well, you certainly hold the record
for the longest proclamations ever in Collier County.
MR. FEDER: Thank you.
(Applause.)
Page 23
May 13, 2008
Item #4 H
PROCLAMATION RECOGNIZING MAY 18, 2008 AS HAITIAN
FLAG DAY. ACCEPTED BY ANCELOT SIMILIEN,
COORDINATOR AND DIRECTOR OF LA PERLE TV OF
COLLIER COUNTY - ADOPTED W/AGENDA APPROVAL
MR. MUDD: The next proclamation is to recognize May 18,
2008, as Haitian Flag Day. To be accepted by Ancelot Similien,
coordinator and director of La Perle TV of Collier County.
(Applause.)
CHAIRMAN HENNING: Congratulations.
COMMISSIONER HALAS: Congratulations.
COMMISSIONER COYLE: Congratulations.
MR. MUDD: Take a picture.
(Applause.).
MR. SIMILIEN: I just want to thank the Board of
Commissioners for making that effort possible, and I also wanted to
invite every single one who live in Collier County and Lee County to
the Haitian Flag Day Fest on May 18th. Thank you.
CHAIRMAN HENNING: Thank you.
(Applause.)
Item #41
PROCLAMA nON RECOGNIZING MAY 2008 AS OLDER
AMERICANS MONTH. ACCEPTED BY THE EMPLOYEES OF
HOUSING AND HUMAN SERVICES DEPARTMENT SERVICES
FOR SENIORS: MARCY KRUMBINE, DIRECTOR; BONNIE
F AULS, CASE MANAGER SUPERVISOR; CARL TON
BRONSON, CASE MANAGER; DEBBI MAXON, CASE
Page 24
May 13,2008
MANAGER; KELLY ROBINSON, CASE MANAGER; LESLIE
WEINREB, CASE MANAGER; TERRI DANIELS, ACCOUNTING
SUPERVISOR; DORY CARILLO, ACCOUNTING TECHNICIAN
- ADOPTED W/AGENDA APPROVAL
MR. MUDD: Commissioner, the next proclamation is to
recognize May, 2008, as Older American Month, and it's to be
accepted by --
COMMISSIONER HALAS: Hey. I am.
MR. MUDD: Come on down, Commissioners. And I've got
several, several changes to who's here as far as this is concerned. So
for this proclamation, the speakers will be Leigh Schield, the director
of the Area Agency on Aging, and if Leigh could come down; and
then Betty Gamble, Gamel, of the Senior Friendship Centers.
In attendance will be the housing and human services staff,
Marcy Krumbine, director; Bonnie Fauls, case management
supervisor; Debbi Maxon, case manager; Carlton Bronson, case
manager; Kelly Robinson, case manager; Leslie Weinreb, case
manager; Heidi Fahnestock, nutrition program leader; Sharon
Downey, RSVP program coordinator; Terri Daniels, accounting
supervisor; Dory Corrillo, accounting technician; and Ana Diaz,
operation coordinator.
The providers, Luanne Wahlstrom, care club; Kathy Hughes,
Accucare Nursing; Steve Edmonston, Alzheimer's support group.
Partners, Leigh Schield, director of the Area Agency On Aging;
Betty Gamble (sic), Senior Friendship Centers; Yvette Spiker, parks
and recreation; Mary Lou Lindsay, Goodwill Industries; Eddy
Hartnack, Veterans Services; Deb Milsap, Collier County Health
Department; Jackie Borchers, Collier County Sheriffs Office; Angela
Larson, Collier County Sheriffs Office.
Our seniors, Mrs. Beth Packer, Mrs. Irby, Mrs. Rebina Kingston,
Ms. Sebell -- Sobel, Marie Turnbull, Patricia Cavaseno, Joanne Dole
Page 25
May 13,2008
-- Joan Dahl, and Mr. Mel Scott. I think we've got them all.
UNIDENTIFIED SPEAKER: There's a few others, but they
won't come up.
MR. MUDD: So now we've got to smile. That's the hardest part.
(Applause.)
CHAIRMAN HENNING: Well, that's half the room,
Commissioner Fiala. I think we -- we're getting there.
COMMISSIONER COYLE: Where were the older members? I
didn't see any.
COMMISSIONER FIALA: We stayed up here, Fred.
COMMISSIONER COYLE: Oh, okay.
COMMISSIONER HALAS: Yeah, Fred.
MS. GAMEL: I'm Betty Gamel, director of Senior Friendship
Centers here in Collier County.
Commissioner Henning and other commissioners, I am pleased to
be here today to receive this proclamation designating May, 2008, as
Older American's Month.
The agencies that were represented here function under the
direction of Collier County Government, the Department of Elder
Affairs, and the health department. While each of our agencies
provide specific services, working together as partners we're better
able to identify the needs and resources available to help enhance the
quality of life of our seniors and help them live in dignity and
independence. In these trying economic times, it is important that we
continue to maintain these services.
Today American seniors provide an example for the younger
generations, and during Older American's Month, we reflect on their
efforts toward building a stronger and brighter future for all.
Thousands of older Americans give millions of hours of volunteer
service to communities in which they live through volunteering as
well as provide financial support through direct contributions or tax.
In Collier County alone, thousands of hours of volunteer services
Page 26
May 13, 2008
are coordinated through the RSVP program under the direction of the
housing and human service department of the county.
Senior Friendship Centers could not provide the needed
healthcare to seniors in our community without these thousands of
hours of volunteers that are provided through the doctors, nurses,
dentists and other support staff.
Many of the other agencies that are here today also rely on the
support that comes from seniors. We remain forever in their debt.
They provide a guiding light for the rest ofthe nation to follow.
We, as a community, are fortunate to have these services
available, and we are grateful to our seniors, our government, and the
many agencies providing the services, and we look to the future where
there will be an increasing number of older adults.
Following in the footsteps of our current seniors, they promise to
be among the most active and engaged older adults in our nation's
history .
Thank you.
CHAIRMAN HENNING: Thank you.
(Applause.)
MS. SCHIELD: Good morning, Mr. Chairman and
Commissioners. My name is Leigh Schield. I'm with the Area
Agency on Aging in Fort Myers, Florida. I wanted to come down
here today and also recognize the hard work that Collier County
Human and Housing Services (sic) provides to your community.
Without their work, there are many seniors that would end up being
prematurely placed into a nursing home, and their staff works very,
very hard for you. They have made a huge difference in your
community by providing respite, meals, many emergency services
that, without their help, many seniors would go without.
So thank you very much for the proclamation and also for
recognizing the hard work that they do.
(Applause.)
Page 27
May 13, 2008
Item #4J
PROCLAMATION DESIGNA TING MAY 16, 2008 AS
NA TIONAL BIKE TO WORK DAY AND THE ENTIRE MONTH
OF MAY, 2008, BE DESIGNATED AS NATIONAL BIKE
MONTH. ACCEPTED BY NICK CASALANGUIDA, DIRECTOR,
TRANSPORTATION PLANNING DEPARTMENT; DAVID
BUCHHEIT, COMMUNITY TRAFFIC SAFETY TEAM
CHAIRMAN; RUSS MULLER, AMERICAN'S WITH
DISABILITIES COORDINATOR; JERRY KURTZ, NAPLES
AREA TRIA THLETES MEMBER; JOE BONNESS, P A THW A YS
ADVISORY COMMITTEE CHAIRMAN; ALLAN RYKER,
NAPLES, PATHWAYS COALITION - ADOPTED W/AGENDA
APPROVAL
MR. MUDD: Commissioners, our last proclamation for today is
designating May 16,2008 as National Bike to Work Day, and the
entire month of May, 2008, to be designated as National Bike Month.
To be accepted by Nick Casalanguida, director of transportation
of planning department; David Buckheit, community traffic safety
team chairman; Russ Muller, Americans with Disability coordinator;
Jerry Kurtz, Naples Area Tri-Athletes member; Joe Bonness,
Pathways Advisory Committee chairman; and Allan Ryker, the
Naples Pathway Coalition.
(Applause.)
COMMISSIONER FIALA: Goods morning.
COMMISSIONER HALAS: Happy Father's Day.
COMMISSIONER COYLE: Joe, good to see you. Good
mornmg.
MS. FILSON: Who has the proclamation?
COMMISSIONER FIALA: I do. I'm just standing here doing
Page 28
May 13, 2008
nothing.
CHAIRMAN HENNING: That's all right. Just look pretty.
CHAIRMAN HENNING: Joe, yours is upside-down.
UNIDENTIFIED SPEAKER: It doesn't count if it's
upside-down.
(Applause.)
MR. BONNESS: Joe Bonness, with the Pathway Advisory
Committee. We thank you very much for this recognition.
You know, we have had several individuals that have been very,
very heavily active in trying to get bikes out on the road and to be sure
that we're safe with what we're doing. David with the CTST, and .
Russ have just been tireless in being able to get us into a safe mode of
riding.
Allan Ryker with the MPC has worked diligently to be able to try
and get the facilities put together, and all my members of the Pathway
Advisory Committee.
And we're getting to a turning point right now. It's all coming to
a head. We've got, you know, the cost of living and everything going
on out within -- you've seen the problems that we have just in being
able to get out there, price of gas $4 a gallon. You know, we're seeing
parking spaces for $29,000 apiece. It's got to give.
The -- using bicycles to be able to get around solves a lot of those
problems. It's not the answer for everybody, but we thank the
commission for diligently putting and providing (sic) things together
so that we do have this alternate need -- mode of transportation.
Thank you.
(Applause.)
MR. MUDD: Commissioner, that --
CHAIRMAN HENNING: Well said.
Item #5A
Page 29
May 13, 2008
PRESENTATION TO SHERIFF DON HUNTER AND THE
COLLIER COUNTY SHERIFF'S OFFICE FOR COMPLETING
THE UNITED STATES IMMIGRATION AND CUSTOMS
ENFORCEMENT (ICE) CROSS-TRAINING PROGRAM TO
IMPROVE IMMIGRATION ENFORCEMENT IN FLORIDA. TO
BE PRESENTED BY SENATOR BURT SAUNDERS-
PRESENTED
MR. MUDD: That brings us to the presentations section, and the
first presentation is to Sheriff Don Hunter and the Collier County
Sheriffs Office for completing the United States Immigration and
Customs Enforcement cross-training program to improve the
immigration enforcement in Florida. To be presented by Senator Burt
Saunders.
SENATOR SAUNDERS: Thank you, Mr. Chairman, and
Commissioners.
As we do every week, we like to congratulate people in the
community that are doing wonderful things to make our community
better and stronger.
Last week I had the pleasure of being over at Youth Haven where
Sheriff Hunter was recognized for his tremendous service to the kids,
the children in our community. He received a very deserving award
from that.
And we're here today to talk about the Immigration and Customs
Enforcement, an operation that is being undertaken in Sheriff Hunter's
department. And I wanted to read just one little quick thing here that I
think summarizes it, and then I'll go through the resolution very
quickly.
Twenty-seven members of the Collier County Sheriffs Office
were certified in a four-week course to act as U.S. Immigration and
Customs Enforcement agents. This is the only department in Florida
that has cross-trained with Immigration Customs and one of the few in
Page 30
May 13,2008
the country.
And the purpose of this is to make sure that people that are here
illegally, if they're committing crimes, are going to be deported, and I
think that that's a very important message to send to all our citizens,
that criminal activity simply will not be tolerated anywhere, and
especially if it's serious criminal activity by people that are here
illegally.
And so the Florida Senate unanimously passed a resolution. And
Mr. Chairman, if! could just quickly read this, I think it will -- it will
summarize everything that we're talking about.
This is a resolution recognizing Sheriff Don Hunter and the
Collier County Sheriffs Office for completing the United States
Immigration and Customs Enforcement cross-training program to
improve immigration enforcement in Florida.
Whereas, the people of Collier County and the State of Florida
have expressed serious concerns related to the need for improved
immigration enforcement with respect to individuals who are not
lawfully residing in the State of Florida and the United States; and,
Whereas, the Illegal Immigration Reform and Immigratant
Responsibility Act added section 287(g) to the Immigration and
Nationality Act authorizing state officers and employees to enforce
immigration laws; and,
Whereas, the cross-designation between Immigration and
Customs Enforcement officers and state and local patrol offices,
detectives, investigators, and correctional officers provides local and
state officers with the resources to pursue investigations related to
violent crime, human smuggling, gang and organized crime activity,
sexual related offenses, narcotics smuggling, and money laundering;
and,
Whereas, Collier County Sheriff Don Hunter recognized the
benefit to the community of participating in this joint venture with.
ICE and entered into a Memorandum of Agreement with the Secretary
Page 31
May 13, 2008
ofthe United States Department of Homeland Security to cross-train
27 Collier County Sheriffs Office deputies and corrections officers to
enforce immigration laws; and,
Whereas, the Collier County Sheriffs Office is the first local law
enforcement agency in Florida to complete the cross-training of
officers who are empowered to identify violent criminal aliens, take
those aliens into custody, and begin procedures for removing the
aliens from Collier County, the State of Florida, and the United States;
and,
Whereas, this innovative landmark effort by Sheriff Don Hunter
and the 27 officers of the Collier County Sheriffs Office will serve to
make the State of Florida a place where criminal aliens will not seek
respite and a safe haven from prosecution and deportation, thereby
making our great state a safer place to live, work, and visit; and,
Whereas, Sheriff Don Hunter has established himself as a role
model for all law enforcement leadership to follow in protecting the
people of the State of Florida from criminal activities by those who
are not legally residing in the United States; and,
Whereas, the State of Florida recognizes the benefit, the safety of
its residents and visitors and the positive economic effect of these
actions in deterring and limiting illegal activities of illegal aliens.
Now, therefore, be it resolved by the Senate of the State of
Florida that the Senate recognizes and commends Sheriff Don Hunter,
the Collier County Sheriffs Office, and the 27 Collier County officers
who have completed the United States Immigration and Customs
Enforcement cross-training program.
And this is signed by the Senate -- president of the Senate, Ken
Pruitt.
Mr. Chairman, in could present this to Sheriff Hunter. We do
have four copies of -- four originals of the resolution for Sheriff
Hunter and his deputies.
CHAIRMAN HENNING: Great. Thank you.
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May 13, 2008
COMMISSIONER FIALA: You make us so proud, Don.
COMMISSIONER COLETTA: Good work, man.
CHAIRMAN HENNING: Great service.
COMMISSIONER HALAS: Thank you for your service.
COMMISSIONER COYLE: It's good to see you. Thank you.
SHERIFF HUNTER: Two are the coordinators for the ICE
program that we have here. Also our mentors for the class.
(Applause.)
SHERIFF HUNTER: I'll say a quick word. And Mike Williams,
corporal -- former border patrol, U.S. Border Patrol, as well as an
attorney; and Captain Chris Freeman, who runs -- Corporal Williams
runs the street side of the 287(g) program, which is what this program
is known as which is targeting our gang members and violent
offenders on the street, identifying them, looking at their criminal
history, and identifying them as illegal foreign nationals, and then
hopefully taking them off the street through various sweeps that we
do. And Captain Freeman, of course, is running our jails and looking
at individuals who have been booked into the process.
We've been able to identify about 600 serious criminal offenders
who are here illegally in the United States. We've been able to
actually remove about 380 since beginning in September. We believe
that all 600 of those who have been identified will be ultimately
removed. And of course, it's a moving number.
We're identifying more and more each day as we go along, and
we believe that the crime rate will be duly affected in a positive way,
further driven down because we're finding that these people, the 600
are repeat offenders here in Collier County, and they certainly can't
offend when they are no longer here.
We very much appreciate the support of the Board of County
Commissioners here for what you've done in the past to recognize this
program.
COMMISSIONER FIALA: And thank you for keeping us safe.
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May 13, 2008
We really appreciate that.
SHERIFF HUNTER: Thank you, Commissioner Fiala.
(Applause.)
CHAIRMAN HENNING: Illegal immigration is one of the hot
topics in our community, and Sheriff Hunter has stepped up to the
plate and provided service for his constituents. I think it's a great
program, and I believe the community supports it.
COMMISSIONER COYLE: You bet.
Item #5B
PRESENTATION BY SENATOR SAUNDERS TO WILLIAM
LASCHEID, M.D., AND NANCY LASCHEID, R.N.; FOR THEIR
OUTSTANDING PUBLIC SERVICE IN MAKING QUALITY
MEDICAL CARE AVAILABLE TO UNINSURED, LOW-
INCOME ADULTS IN COLLIER COUNTY BY ESTABLISHING
AN EXEMPLARY VOLUNTEER-BASED NEIGHBORHOOD
HEALTH CLINIC, COORDINATING ITS SERVICES, AND
SERVING AS VOLUNTEERS - PRESENTED
MR. MUDD: The next presentation--
COMMISSIONER FIALA: Why not?
MR. MUDD: -- is by Senator Saunders to William Lascheid,
M.D., and Nancy Lascheid, RN, for their outstanding public service in
making quality medical care available to uninsured, low-income adults
in Collier County by establishing an exemplary volunteer-based
neighborhood health clinic, coordinating its services, and serving as
volunteers.
Senator?
SENATOR SAUNDERS: Thank you, Mr. Chairman and
Commissioners.
Before I start, I want to pass around this magazine. This is a
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May 13, 2008
beautiful picture of Bill and Nancy Lascheid that I think tells the
whole story about their love affair for -- how many years have you all
been --
MS. LASCHEID: Fifty-two.
SENATOR SAUNDERS: Fifty-two years. She was eight years
old when they got married.
DR. LASCHEID: And I was two.
SENATOR SAUNDERS: Again, Commissioners, in terms of
recognizing people that have gone above and beyond the norm to
serve the community -- and we have a wonderful community. People
here are willing to spend a lot of their effort, a lot of their time, a lot of
their money to help the less fortunate, but there's some that go above
and beyond what you normally expect from people, and Bill and
Nancy Lascheid have done that.
The Florida Senate, again, has passed a resolution commending
them, and with your permission, I'd like to read through that very
quickly.
And this is a resolution recognizing Dr. William Lascheid and
Nancy Lascheid for their outstanding public service in making quality
medical care available to the uninsured, low-income adults in Collier
County by establishing an exemplary volunteer-based neighborhood
health clinic, coordinating its services, and serving as volunteers.
And as you all know, we have a crisis in healthcare. Our
emergency rooms are filled with people that can't get primary care.
And what Bill and Nancy Lascheid have done has helped to alleviate a
large measure of that problem here in Collier County, and at no
expense to the government.
Whereas, the delivery of health care services to individuals who
lack the means to pay for the services is a pressing problem in this and
every state; and,
Whereas, many working adults, particularly those earning
minimum wage, are uninsured because they cannot afford health
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May 13,2008
insurance; and,
Whereas, the healthcare needs of the underserved population
cannot be met without the help of compassionate volunteers; and,
Whereas, Dr. William Lascheid and Nancy Lascheid are among
the most generous of those volunteers and that they have, since 1992,
faithfully supported the provision of healthcare services for
individuals living in Collier County who have limited financial
resources; and,
Whereas, William and Nancy Lascheid co-founded the
Neighborhood Health Clinic in 1999 based on an innovative concept
combining philanthropy and volunteerism to provide quality medical
care and prescription medicines to adults in their community who are
working but uninsured at a cost to patients for each visit of one hour of
their wages; and,
Whereas, William and Nancy Lascheid have labored selflessly to
enlist and coordinate the volunteer services of physicians, nurses,
other healthcare professionals and community members to offer health
services at the Neighborhood Health Clinic; and,
Whereas, in 2002, the Neighborhood Health Clinic moved from
its first site and donated storefront space to a more spacious and
modern facility having a staff of volunteer physicians and nurses and a
total of more than 500 volunteers funded entirely through private
philanthropy; and,
Whereas, as volunteers of the Neighborhood Health Clinic have
donated 87,458 hours of services worth nearly $7.5 million, and
medical providers outside the clinic have donated services to the clinic
patients which are worth nearly $4.4 million; and,
Whereas, as of June, 2007, the doctors volunteering for the clinic
have provided medical consultation to patients in 28,702 visits, and
the clinic had filled many thousands of prescriptions that together
have a retail value of over $4.2 million; and,
Whereas, William and Nancy Lascheid have received numerous
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May 13,2008
awards and accolades recognizing the establishment, success, and
value of the Neighborhood Health Clinic and their exemplary
volunteer services, including the National Jefferson Award for Public
Services, the Gulfshore Life Man of the Year in Medicine, the Florida
Medical Association Partnership in Medicine Award, the Community
Foundation Robert C. Cosgrove Award, the Naples Daily News 2001
Outstanding Citizen Award, and the State of Florida Points of Light
Award.
Now, therefore, be it resolved by the Senate of the State of
Florida that the Florida Senate recognizes Dr. William Lascheid and
Nancy Lascheid for their years of exemplary and selfless service to
the people of Collier County and this state.
And Chairman and Members -- again, this is signed by the
president of the Senate, and I have two copies to present to Bill and
Nancy Lascheid.
CHAIRMAN HENNING: Thank you.
(Applause.)
MS. LASCHEID: Thank you.
CHAIRMAN HENNING: Thank you for your service.
COMMISSIONER COLETTA: Thank you so much.
COMMISSIONER HALAS: Congratulations. Thank you for
what you're doing for this community.
CHAIRMAN HENNING: Yes. Thank you so much. You've
made a difference.
COMMISSIONER HALAS: Thank you for what you're doing
for this community.
COMMISSIONER COYLE: Congratulations.
COMMISSIONER COLETTA: You're a hero as far as I'm
concerned.
(Applause.)
MS. LASCHEID: This is, indeed, a community effort, and we're
delighted to have the opportunity to take care of the working poor in
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May 13,2008
Collier County, and we're delighted to be associated with so many
people who have stepped forward to participate, many of you in this
room.
I would ask our staff, our administration, our founders, to please
stand, including you, Commissioner Fiala. You were in the
beginning, too. Please stand. These are the people who deserve the
round of applause.
(Applause.)
MS. LASCHEID: Thank you very much.
SENATOR SAUNDERS: Commissioners, thank you very
much.
Item #5C
PRESENTATION BY THE COLLIER COUNTY EMERGENCY
MEDICAL SERVICES DEPARTMENT HAS ADOPTED THE
PHOENIX A WARD TO RECOGNIZE THOSE EMS
PARAMEDICS EMTS, FIREFIGHTERS AND SHERIFFS
DEPUTIES, WHO THROUGH THEIR SKILLS AND
KNOWLEDGE, HAVE SUCCESSFULLY BROUGHT BACK TO
LIFE INDIVIDUALS WHO HAD DIED - PRESENTED
MR. MUDD: Commissioner, the next proclamation (sic) is the
Phoenix Award. The Phoenix is a mythological bird that died and
rose renewed from its ashes. The Collier County Emergency Medical
Services Department has adopted the Phoenix Award to recognize
those EMS paramedics, EMTs, firefighters, and sheriffs deputies who,
through their skills and knowledge, have successfully brought back to
life individuals who have died. Ellen?
MS. ELLEN: We are proud to recognize the following heros.
Will the following personnel please come forward:
Collier County EMS Lieutenant, Kim Anderson; Lieutenant
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May 13,2008
Michael Apicella. Mike is receiving two awards today.
COMMISSIONER FIALA: Wow.
MS. ELLEN: Lieutenant Tony Camps, Lieutenant Jackie
Lockerby, Lieutenant Laurie McKenney, Lieutenant Paul Passaretti,
Lieutenant John Plummer, Lieutenant Arthur Wolf. Art's receiving
three awards today. Paramedic Jolene Apicella, Lieutenant Christine
Gomez, Paramedic Debra Hancock, Paramedic Debra Kamzan,
Paramedic Stephen Krivjanik, Paramedic Josh Muhammed, Paramedic
Greg Pacter, Paramedic John Perry, Paramedic Kelly Renton,
Paramedic Brad Underwood. Brad receives two awards today.
Paramedic John -- excuse me -- EMT John Maguire, Paramedic
Adiele Pinero (phonetic), Jr., EMT Jeff Sammonds (phonetic).
From Golden Gate Fire Department, Lieutenant Rusty Godette.
Rusty's receiving two awards today. Firefighter Jose Garcia,
Firefighter Ben Krick, Firefighter John Richard, Firefighter James
Y oungsman, Engineer Jake Beckman, Engineer Jesus Padilla,
Engineer Matt Trent, Engineer Scott Wilson.
From North Naples Fire Department, Captain Chuck Bacon,
Lieutenant Stan Laurich (phonetic), Engineer Larry Ochem
(phonetic), Firefighter Jeff Morris.
From East Naples Fire Department, Captain Sean Hunt,
Lieutenant Bill Packard, Firefighter/EMT Dave Vernon, and engineer
Jarret Cotter.
From Isle of Capri Fire Department, Firefighter David Thomas.
From the Marco Fire -- Marco Island Fire Department, Battalion
Chief Don James, Battalion Chief Jeff Kutzke, Captain Dean Heasley,
Firefighter/Paramedic James Jay, Firefighter/EMT Steve Fickling.
Steve's receiving two awards today. Firefighter Kenny Alford,
Firefighter Dustin Beatty, Firefighter Heath Nagel. Heath is receiving
two awards today. Firefighter Leo Rodriguez.
From the Collier County Sheriffs Office, Corporal Robert Cady,
Deputy John Knowlton, Deputy Rollin Stone.
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May 13, 2008
From Marco Island Fire -- correction -- Marco Island Police
Department, Lieutenant Cliff Morine, Officer Frank Stieger, Officer
Tige Thompson.
The citizens and visitors of Collier County have truly received
world-class patient care due to the dedication, desire, and
determination of local law enforcement, fire department and EMS
personnel.
Commissioners, county personnel, and visitors of to day's
meeting, I am honored to present to you today's heros.
(Applause.)
MS. ELLEN: Okay. We've got two more who weren't on my
list, Scott Hogan from East Naples Fire Department and Scott
MacQuarrie from East Naples Fire Department.
MR. MUDD: Did they get a picture yet? Wide angle.
COMMISSIONER FIALA: Somebody needs to be hanging from
the rafters and take it that way.
COMMISSIONER COLETTA: Make sure your supervisor buys
you lunch today.
(Applause.)
MS. ELLEN: Thank you.
CHAIRMAN HENNING: Congratulations, thanks.
COMMISSIONER HALAS: Congratulations.
COMMISSIONER COYLE: Great job.
CHAIRMAN HENNING: Congratulations. You know, it was --
County Manager, it was great that first responders brought some of
their family here. I see a young, blond-haired boy. Who's father (sic)
is that?
COMMISSIONER FIALA: That's Greg Spears.
CHAIRMAN HENNING: Is that Greg Spears? That's absolutely
COMMISSIONER FIALA: His grandson.
CHAIRMAN HENNING: Oh, grandson.
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May 13,2008
COMMISSIONER COYLE: Yeah, Greg's getting old.
CHAIRMAN HENNING: Well, he's not as old as I.
Item #5D
PRESENTATION RECOGNIZING EDDIE CHESSER, SENIOR
EQUIPMENT OPERA TOR, COASTAL ZONE MANAGEMENT,
AS EMPLOYEE OF THE MONTH FOR APRIL 2008 -
PRESENTED
MR. MUDD: Commissioners, the next presentation is to
recognize Eddie Chesser, who's the senior equipment operator, coastal
zone as Employee of the Month of April, 2008.
Mr. Chesser, if you could come forward, please.
COMMISSIONER FIALA: He can't fight his way through the
gang.
MR. MUDD: Thanks, Eddie.
COMMISSIONER COLETTA: Hey, Eddie.
MR. MUDD: Eddie Chesser, senior equipment operator, has
been nominated as the Employee ofthe Month for April, 2008. An
employee of the county for over 18 years, Eddie exceeds expectation
with a smile and positive attitude every day. Eddie does everything he
can to beautify and maintain Collier County beaches.
He is always willing to come in early, stay late, and even come in
when he's off duty to help out. Eddie is a team player who promotes
an environment based on teamwork. He is always willing to take on
extra responsibility and duties.
When the department needed a certified diver to assists the
environmental specialist, Eddie stepped up and offered to be
recertified as dive buddy to help when needed.
He has also designed and fabricated several pieces of equipment
for use at work. His ability to think outside the box has led to a
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May 13,2008
financial savings to Collier County by helping to reduce the need for
subcontractors and third-party maintenance. He is always looking for
a better way to do something and a better way to do his job. Eddie is a
great example for other employees and is truly deserving of this
award.
Commissioners, I present to you Eddie Chesser, senior
equipment operator, coastal zone management, Employee of the
Month for April, 2008.
(Applause.)
CHAIRMAN HENNING: Give you this plaque, and there's also
a check on behalf of the board. You might want to give that to your
wife. And a letter on behalf of the board. Congratulations.
COMMISSIONER FIALA: Thank you so much.
COMMISSIONER HALAS: Hi, Eddie. Thanks a lot for
everything you do.
COMMISSIONER COYLE: Thank you so much.
CHAIRMAN HENNING: Can we get a picture with you?
COMMISSIONER FIALA: Boy, your family's been here a long
time, hasn't it, Eddie?
MR. CHESSER: Thank you.
(Applause.)
Item #5E
PRESENTATION ON THE SOUTH REGIONAL LIBRARY
CONSTRUCTION PROJECT BY DEANGELIS DIAMOND
CONSTRUCTION, GENERAL CONTRACTOR - PRESENTED
MR. MUDD: Commissioner, our next presentation is on the
South Regional Library construction project by Deangelis Diamond
Construction, general contractor. Hank, I think you're going to open it
up.
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May 13,2008
MR. JONES: Good morning, Hank Jones, facilities
management. I'd like to introduce to you this morning Reggie
Morgan, director of construction from Deangelis Diamond, who's
going to give you a quick update on the status of the new South
Regional Library.
Reggie?
MR. MORGAN: Thank you, Hank.
We would like to thank Collier County for the opportunity for
constructing the South Regional Library; Hank Jones, the principal
project manager; Marilyn Matthes, the director, the librarian/director;
and also CH2 Hill (sic) for assisting us throughout the construction of
the project.
At this time I would like to introduce our team that's responsible
thus far for the construction. Jay Watbillig, the principal of Deangelis
Diamond, the first individual; myself, director of construction; and
Ralph Payne, which is the estimator and project manager; and Doug
Aikey, the project superintendent.
At this time I'm going to introduce Ralph. He's going to come up
and walk through the progress ofthe job.
MR. PAYNE: Thank you very much, Reggie. My name is
Ralph Payne, with Deangelis Diamond Construction. I'm the project
manager for the South Regional Library, and we've put together a
brief slide presentation to demonstrate to you where the construction
process is to date, starting from the beginning.
The first slide shows us when we first mobilized to the job site
back in -- November 2nd. That's when we got our Notice to Proceed.
You can see that the first slip of asphalt was down and the building
pad was already prepared for us when we mobilized to the site.
During that first month we started with the concrete footings and
foundation systems for the building, and we also got started on the
first slip, the masonry walls.
In the second month of December we went vertical with all the
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May 13, 2008
exterior walls, and we had completed all of the underground slab
rough-in work and we had actually poured the slab on grade, as you
can see. And here's some additional photos that are just showing the
vertical construction of the masonry walls and some of the
underground electrical work.
In the third month, the masonry walls continued. We were
probably about 90 percent done with the masonry walls at the end of
January. As you can see, there's just a few roof beams that are being
completed at the time. Most of the scaffold has been removed by the
structural subcontractor in preparation for some more exterior work.
In February the structural steel had started, and as this photo here
shows, the structural metal roof decking on the roof was placed, and
the clear stories of the roof are starting to take shape. Here's a couple
of photos just showing some of that structural steel framing work and
the barjoists that were placed at the time.
In month five we continued with the insulation of the roof. As
you can see there, the insulation has been placed, the plywood decking
is being put down on the roof deck, and underlayment is also being
applied. On the right side we're just showing that interior metal
framing for the partition walls had also started.
In April you can see the roof up through the underlayment is
complete. The exterior metal framing for the hardy plank siding had
begun, and actually some of the Denz-glass siding material is also
showing up in that photo. At the top of the photo you can see that the
chiller enclosure yard has also been constructed.
This just shows a little bit more of the Denz-glass sheathing
material on the outside of the building as well as some of the upper
framing in the ceiling in the ceiling spaces. This is just showing more
exterior sheeting.
And then we have the interior drywall finishes that have started
here in April on the interior. You can see that it's very high ceilings in
the facility here. It's going to look very, very nice, very spatial.
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May 13,2008
In the current month, we're putting up the exterior hardy plank
siding, and this just shows some of the completed painting work on
that exterior siding on your left, and we've actually started priming
some of the interior drywalls on the inside.
And that completes my presentation. On behalf of Deangelis
Diamond, I just want to thank you for the opportunity to present this
to you and let you know that the library has just been a great project
for us. We've enjoyed working with Schenkel Shultz Architects, and
CH2M Hill is the construction management team, and it's just been a
great experience for us, and we just consider it an honor to have been
selected as the general contractor for this project. We're also pleased
to advise you that we are on schedule and on budget.
CHAIRMAN HENNING: Questions from the board?
COMMISSIONER FIALA: Yes. Do you have a completion
date?
CHAIRMAN HENNING: Do we have a completion date?
MR. JONES: We're on schedule for the end of October.
CHAIRMAN HENNING: Great. Thank you. We go into-
Item #6A
PUBLIC PETITION REQUEST BY BILLY SUMMERS TO
DISCUSS A DOG ATTACK INVESTIGATION - DISCUSSED
MR. MUDD: Commissioner, this brings us into public petitions.
It's -- the first public petition is a request by Billy Summers to discuss
dog attack investigations. Mr. Summers, if you could come to the
microphone and just state your name for the record, sir.
MR. SUMMERS: Bill Summers.
A few months ago I was attacked by my neighbor's dog. Come
to find out, he didn't have any shots, wasn't registered. He attacked
my dog, came on our property.
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May 13,2008
I was a little upset with Domestic Animal Services about the
situation until I found out that Domestic Animal Services has an
extremely limited budget for this big of a county.
They're short on people. The county's put a freeze. They can't
hire people, and then I find out that they don't even have the proper
training that they need. They couldn't differen -- they couldn't tell
which dog bite was what.
I would think that with Domestic Animal Services, when they do
an investigation, you at least need some kind of knowledge there to
know what kind of dog -- I mean, my dog has a mouth this long. The
dog that bit me has just a little bitty mouth, but it's a pretty vicious
dog. It's a pit bull. And they couldn't tell which kind of bite mark was
on me. And my skin was laid open. I still have scars today.
I just wonder why the county doesn't give them more money so
they can get the proper education and schooling that these people need
for their investigations. Then I find out while they're in the middle of
an investigation, they get an emergency call, they have to drop what
they're doing and go out. So by the time they get done with their
investigation, it's a year later.
I don't understand why the county can't allocate more money to --
I mean, this is a big county. There's a lot of animals here. And a $3
million budget, less than 3 million, is not very much money to run that
big animal shelter with all the animals that are there and pay what
employees that they do have.
I even spoke with one that said he would pay for his own
schooling if the county would keep him on the clock, and they won't
do it.
I don't understand why the county won't do something about it. I
mean, the population of animals in this county has got to be at least
half, if not more, than what the population of people are here. And the
strays that are running wild, they can't even take care -- by the time
they get to the strays out there, wherever they're at, they're gone
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May 13, 2008
because they're involved with something else over here.
CHAIRMAN HENNING: Are you done with your presentation,
Mr. Summers?
MR. SUMMERS: Pretty much. I just, you know, want to know
why we can't give them more money so they can do what they have to
do.
CHAIRMAN HENNING: We may have comments or questions
from the board. So Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I invited Mr. Summers
here. There's been way too many dog attacks out in Golden Gate
Estates in the rural area of Collier County, and I think it's very
important that we keep this in front of us for two reasons. One --
there's two issues here. One is the enforcement part. Now, how we're
going to get there is another question. We're going through a tight
budget year. I kind of hope when the budget comes up that we can
hear a consideration for possibly a small amount of funds to make sure
the necessary training's in place. Maybe we can incorporate the
Sheriffs Department in this effort. I don't know what the answer is,
but there's got to be more.
The second big part -- and we're failing in doing this part -- is the
educational outreach. It's not the dogs that are the problem, it's their
owners. But you can't put their owners in a cage and you can't shoot
them either, at least as far as I know you can't.
So the solution's very simple. I'd like to see us do a better
outreach, possibly with our government channel, and just let people
know what the ramifications are and what the existing laws are
regarding this, because I've run into this too many times where the
general attitude is either -- there may be a leash law, but I live out in
the Estates area and it doesn't apply to me. Well, it does apply to you.
And you're responsible if your dog does cause injuries.
And this is just one of those things that I wanted to bring forward
before the commission so that you were cognizant of the facts of what
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May 13, 2008
was taking place out there so that you can act accordingly at the right
time.
MR. SUMMERS: Well, I'd like to add that even the owner of the
animal's mother -- it was her residence. He was there visiting, which
he does every day on a regular basis -- give a false address of where
this dog was. This dog had no shots. It was not registered. It was
probably somewhere between three and four years old.
Now I'm worried about rabies or any other infectious disease, and
there's no ramifications for her for giving a false address. The
quarantine date comes and goes. Still, even in that 10-day quarantine
time, you don't know what this guy's got because you can never
capture the dog to take any tests or anything. So now I'm going two
weeks without working because my hands are messed up, and now
I've got to worry about this, and there's nothing can be done to this
lady for giving them false information.
CHAIRMAN HENNING: Mr. Summers, are you done with your
presentation?
MR. SUMMERS: Well, this part, yeah, unless I--
CHAIRMAN HENNING: Well, we're going to let you finish,
and then we may have some questions and comments.
MR. SUMMERS: Okay.
CHAIRMAN HENNING: So you're done?
MR. SUMMERS: Yes, sir.
CHAIRMAN HENNING: Okay. Commissioner Coletta, are
you finished?
COMMISSIONER COLETTA: Are we finished with the
presentation?
MR. SUMMERS: Yeah.
CHAIRMAN HENNING: Yes, he did say that.
COMMISSIONER COLETTA: Okay, fine. I was wondering if
Scott -- if staff could comment on this, if there's anyone here that can
represent Domestic Animal Services what some of their suggestions
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May 13,2008
may be, because this has been an ongoing problem that seems to be
without solutions.
MS. TOWNSEND: Good morning. Amanda Townsend, interim
director of Domestic Animals Services.
Certainly we do have difficulty patrolling in the Estates for
animals at large. Mr. Summers' case is a dangerous-dog investigation.
As you know, you heard a public petition about a month and a half
ago, and in your meeting on May 27th you will see a whole suite of
language changes to the animal control ordinance that will strengthen
the dangerous dog section of that, so that will -- you will see that at
your next meeting. I think you'll -- we've made some real progress
there. That has been reviewed by the Domestic Animal Services
Advisory Board.
As far as the running at large issue goes, we can also consider
some ordinance charges from that. We have recently, as recently as
last night, been reviewing some language from animal control
ordinances in other counties that may help us -- help us strengthen the
leash law in Collier County, and if the board wishes, we can look at
changes to the ordinance for that also.
COMMISSIONER COLETTA: Yeah. Here's my concern, is the
fact that this has come before us many times in the past eight years,
and we always add a new element to it, and it doesn't seem like the
enforcement really is a deterrent to these people. I don't know if
you've seen a drop-off of these instances. I don't believe you have.
The situation seems to continue.
So two things are lacking here, the enforcement of the existing
ordinances, new ordinances, that we may come up with; and the other
part is something that's totally lacking is the public outreach, and I
know that's probably a whole different -- excuse the pun, but an
animal from what you're dealing with now. But possibly we can give
consideration for that.
I don't see it as anything extremely expensive to be able to put
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May 13, 2008
together some sort of news release to be able to go out, maybe bring --
introduce it to a couple ofthese property owner's associations, civic
associations throughout the area, and then have it on the government
channel to be able to deal with it.
MS. TOWNSEND: Yes, sir. I do agree. Our public outreach
has been highly focused on adoptions in recent years, which, of
course, is important and appropriate to send that message to the
public, but we can expand that message to include compliance issues
as well, and I think that there could be a very strong benefit from that,
and we'll -- as we develop our marketing campaigns in the next -- in
the next -- for the next fiscal year, we'll certainly add that to it.
COMMISSIONER COLETTA: Thank you very much.
CHAIRMAN HENNING: Commissioner Coyle, Commissioner
Halas, and then Commissioner Fiala.
COMMISSIONER COYLE: Yeah. I think there's two elements
here. One is that we do need to follow through on these investigations
more thoroughly. And there -- at least there's some allegations here
that indicate that there's sufficient evidence to charge somebody with
something, and that apparently has not been done. So I would
certainly encourage that we do that.
The other thing that the petitioner needs to understand is that
what we -- what the animal control people can do is governed by our
laws. And if the laws are deficient, they cannot do something that the
law doesn't provide for.
It takes us a long time. We have to have public hearings, we
have to staff this, vet it through a number of other organizations, and
we cannot enforce a law that we intend to implement. We can only
enforce the laws that do exist. And unfortunately, many of the laws
that do exist are not adequate, so we're trying to work on that, as she
has explained.
The other thing is, I think it would be irresponsible of all of us if
we let this issue about providing more money pass without comment.
Page 50
May 13,2008
Did you vote in the last election?
MR. SUMMERS: Absolutely.
COMMISSIONER COYLE: Did you vote for Amendment 1, to
reduce property taxes?
MR. SUMMERS: To reduce it? No.
COMMISSIONER COYLE: No, you did not. Well, you're on
the right side at least. But 80-something percent of the people of
Collier County said let's reduce property taxes.
MR. SUMMERS: Well, they're just creating more problems.
COMMISSIONER COYLE: That's exactly right. You hit the
nail on the head. And what I would suggest to all those people that
think that money, additional money is the partial solution to some of
the problems they're -- they're facing is to contact our state legislators,
because they're the ones who are saying, you don't need any more
money. They're not looking at the quality of life and the issues that
you're confronting.
They have restricted our funding sources and continue to do so,
and they are continuing to pass bills that will further limit our ability
to raise money to provide the necessary services to our citizens. So I
would strongly encourage you to contact your legislators because we
don't have control over many funding sources anymore.
So with that, I would say, I wouldn't hold out any hope for
additional money for programs like this. Certainly you won't get the
vote from me. We're looking at substantial shortfalls that haven't even
been made public yet. And it's going to be a very, very bad time over
the next few years because of the decisions that the state legislature
has made.
So I would like to enlist your support and the support of other
citizens to contact your state legislators and tell them to get their head
out of the sand. The government that serves people best is the
government that's closest to the people, the local government. People
can come to us and petition for things, and we can respond to that, but
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May 13,2008
we can't do that if people in Tallahassee tie our hands and deny us the
funds.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. In the last two years we've
cut out about $67 million in ad valorem taxes. What has been the
result of the workforce at DAS in regards to this?
MS. TOWNSEND: We currently have nine frozen positions.
COMMISSIONER HALAS: Present positions out of how
many?
COMMISSIONER COYLE: Frozen.
MS. TOWNSEND: Out of 41.
COMMISSIONER HALAS: Out of 41, okay.
COMMISSIONER FIALA: And for the audience, would you
explain frozen positions. I'm sorry to jump in, but just so that they
understand.
MS. TOWNSEND: Yes. Those are nine full-time equivalent
positions, three of which are animal control officers, three of which
are shelter technicians, and the balance of which, I believe, are in the
customer service section. Those positions were vacated and will not
be filled due to budget cuts.
COMMISSIONER HALAS: Okay. Thank you.
MR. MUDD: Now, Commissioner, to answer your question a
little bit more further, three of those positions that are unfunded were
tech positions and doing kennel work, and we've enlisted our inmates
with the sheriffs deputy to come in and work that five days a weeks,
six hours a day, and then for two days, eight hours with that shift,
okay. But that's offset the savings. The savings on the three techs is
about $125,000.
This particular thing with the sheriffs deputies, we still have to
pay about 110-. So we've saved $14,000, and we're still keeping the
kennels and everything else clean. But we still have issues, to let you
know.
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May 13,2008
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. To add to that also, your
volunteer core. I know my daughter and her kids go over and help
clean the kennels on Saturdays, and the volunteers help, but still it isn't
enough, and we all know that.
But I wanted to know, are there any consequences when people
lie? He was just telling us where the woman lied about her address.
Are there any consequences to that or we just have to overlook that?
MS. TOWNSEND: That's currently not something that we have
pursued but clearly is an issue, particularly when there's an animal that
should be in quarantine.
COMMISSIONER FIALA: Yes.
MS. TOWNSEND: And we will-- we will begin to pursue that
because it's something we haven't investigated and we should.
COMMISSIONER FIALA: Okay. And the other question that I
have is, this gentleman was saying that there was somebody there that
was paying for his own schooling but he's not allowed to go on
company time. Is that something that you could discuss amongst you
and see ifthere's a way that we can get that additional schooling,
especially if they're willing to pay for it themselves?
MS. TOWNSEND: We do have a very significant training
budget with DAS, and there are very specific requirements within
state law on being a certified animal control officer and the amount of
retraining that staff members need. And so we have sort of a program
put together and we put officers through animal control office school,
which is a 40-hour program, and then annually through a series of
other trainings, including cruelty investigation, another 40-hour
program, et cetera. So we're allocating those as best we can fairly
throughout the animal control officer personnel.
CHAIRMAN HENNING: Anything else?
(No response.)
CHAIRMAN HENNING: Well, thank you, sir. We're going to
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May 13, 2008
take a 10-minute break for the court reporter before we get back to the
agenda. So let's be back at 10:40.
(A brief recess was had.)
MR. MUDD: Mr. Chairman, Commissioners, you have a hot
mike.
CHAIRMAN HENNING: We have a time certain.
Item #10D
A REQUEST FROM I HOPE, INC., AND AUTHORIZING THE
DISBURSEMENT OF $13,000.00 FROM THE MARCO ISLAND
AFFORDABLE HOUSING TRUST FUND, FOR PAYMENT OF
PERMITTING AND LICENSING FEES RELATED TO THE
INSTALLATION OF THIRTY SIX (36) FEMA TRAILERS IN
THE IMMOKALEE AREA - APPROVED
MR. MUDD: Commissioners, we have a 10:30 item, and that is
item 10D. It's a recommendation that the Board of County
Commissioners approve a request for I HOPE, Inc., and authorize the
disbursement of$13,000 from the Marco Island Affordable Housing
Trust Fund for payment of permitting and licensing fees related to the
installation of 36 FEMA trailers in the Immokalee area.
Ms. Marcy Krumbine, your director of housing and human
services, will present.
MS. KRUMBINE: Good morning, Commissioners. For the
record, Marcy Krumbine, director of housing and human services.
COMMISSIONER HALAS: Marcy, I'll bet I can cut this real
short. I make a motion for approval.
CHAIRMAN HENNING: I'll second it.
Questions? Commissioner Fiala.
COMMISSIONER FIALA: Just one question. We all agree, this
is a wonderful project. I just wanted to make sure that these mobile
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May 13, 2008
homes then go to legal residents.
MS. KRUMBINE: Well, I'm going to defer to I HOPE for that.
MS. GOODNIGHT: Thank you. Hi.
CHAIRMAN HENNING: We have a public speaker.
MS. GOODNIGHT: Yes, I turned in a form.
MS. FILSON : Yes, sir, Anne Goodnight.
MS. GOODNIGHT: For the record, my name is Anne
Goodnight. It's nice seeing all you guys, and I appreciate the
opportunity of being here this morning.
We're going by FEMA guidelines, and all of the residents in the
trailers or the mobile homes have already been approved by FEMA,
and so we have to -- they have to meet their guidelines.
COMMISSIONER FIALA: Do they have to be legal residents?
MS. GOODNIGHT: Well, someone in the trailer -- someone in
the mobile home has to be a legal resident. I can't say about those that
are living in the home that may not be. But the -- when FEMA
granted them permission to be qualified through them, there had to be
legal residency there. Does that answer your question?
CHAIRMAN HENNING: Does that answer your question?
COMMISSIONER FIALA: Kind of.
CHAIRMAN HENNING: That's the same policy that we have
for other programs, correct, Marcy?
MS. KRUMBINE: Well, for our impact fee deferral programs,
everybody who signs the documents has to be a legal resident. But
our programs in Collier County are just a little bit more stringent than
the federal guidelines. Usually the federal guidelines be housing and
urban development are that at least the head of household or the one
person signing the documents is a legal resident.
CHAIRMAN HENNING: Okay, all right. And I didn't want to
take up your allotted time, your three minutes, so --
MS. GOODNIGHT: I'm just here to answer questions.
CHAIRMAN HENNING: Okay. If you don't mind, just stand
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May 13, 2008
by. There might be some more.
MS. GOODNIGHT: No problem. Thank you.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I'm confused by this
executive summary. We had a petition similar to this come before us
before, right? Refresh our memory about what happened there.
MS. KRUMBINE: I'd be happy to. Last year in February a
position (sic) came before you, Mr. Hears came before you to ask for
the original -- let's see -- I believe it was 28 trailers last year, and
asked for an amount of money through the Marco Island Housing
Trust Fund to pay for the permitting and license fees; and at that time
the direction from the board was yes, go ahead and pay it, but please
make sure that for the next -- for five years, those trailers will remain
affordable, which means that they would have to be sold to somebody
that would be of a similar income category, and it would not be sold,
you know, at a --high, at a higher rate.
And so then this year Mr. Hears came again with a similar
petition, and you referred it back to staff, but at that time you had said,
well, you'd like to see it remain affordable for more than five years.
And what we did in the executive summary -- because we did go
back to Mr. Hears on that -- is that he had stated that 28 of the 36 of
the new ones had already been -- they'd already entered into an
agreement based on last year's guidance, and that agreement was that
it had to be maintained affordable for five years. And so that's how
we presented it in the executive summary.
CHAIRMAN HENNING: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes.
COMMISSIONER COYLE: I'm sorry. I didn't -- I really
wanted to follow up on this. When were these 28 trailers sold?
MS. KRUMBINE: That --I'll defer to I HOPE for that. I don't
believe that they've been sold as much as they've entered into a
contract for sale.
Page 56
May 13, 2008
COMMISSIONER COYLE: When were they entered into a
contract for sale?
MS. GOODNIGHT: They were entered into a contract for sale
sometime in the last -- towards the end of last year because the mobile
homes didn't get here until, like, December, I think, or January.
COMMISSIONER COYLE: And when was it that we expressed
our desire that these be retained for longer than five -- longer than the
period oftime they had originally specified?
MS. KRUMBINE: I'm getting to that. It was, February of'07
was your first direction, and it was, March of 2008 was the second.
COMMISSIONER COYLE: Okay. So we gave direction in
February of2007.
MS. KRUMBINE: To maintain it for five years.
COMMISSIONER COYLE: Okay.
MS. KRUMBINE: And then in March of 2008, after some of
these units had already been sold for more than five years.
COMMISSIONER COYLE: For more than five years. Were we
specific in the number of years at that point?
MS. KRUMBINE: No, you were not.
COMMISSIONER COYLE: Okay. So how many of these
trailers are going to be protected for five years from the time of sale?
MS. KRUMBINE: All 36 of them.
MS. GOODNIGHT: All of them.
COMMISSIONER COYLE: All 36 of them. Okay.
MS. GOODNIGHT: And also, if! could add to that, the FEMA
is requiring that during this five-year period, that all -- all of the
owners of the mobile homes have to go through a training of how to
learn to take care of their trailers, how to, you know, report to the
Sheriffs Department any kind of problems and things like that.
And also understand, Commissioner Coyle, that Mr. Hears gave
you a CD that \\;as presented at the national meeting that had the
sheriffs department on there stating how much the crime rate had
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May 13, 2008
decreased in that area. It was very high and now it's down to almost
nothing because of the people that have moved in there and with us
working with them.
COMMISSIONER COYLE: Okay, thank you.
CHAIRMAN HENNING: Commissioner Coletta, Commissioner
Halas.
COMMISSIONER COLETTA: Yes. Ms. Goodnight?
MS. GOODNIGHT: Yes.
COMMISSIONER COLETTA: These trailers, at the end of five
years, what would be the approximate value ofthem?
MS. GOODNIGHT: It's going to be probably somewhere less
than $10,000 because right now the trailers -- the title is, from FEMA,
says somewhere between 35- and 50-, but after five years of them
being mobile homes -- and we're not sure just exactly how old they
already are because they're not brand-new trailers -- that we're figuring
that they're probably going to be worth somewhere between 10- and
15,000.
COMMISSIONER COLETTA: A general rule of thumb,
trailers, unlike homes, have a tendency to depreciate rather than
appreciate?
MS. GOODNIGHT: That's correct.
COMMISSIONER COLETTA: And so the older they get, the
less value they have and they'd sell for less money, and the free
market would determine what that is?
MS. GOODNIGHT: That's correct.
COMMISSIONER FIALA: And they don't own the land under
them.
COMMISSIONER COLETTA: Well-- and some of them don't
own the land underneath them, but some of them do.
COMMISSIONER FIALA: Oh, there is?
COMMISSIONER COLETTA: Yeah, there is.
MS. GOODNIGHT: Yes, sir. We have a number of mobile
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May 13, 2008
homes that we have removed that were dilapidated, damaged during
Wilma; and we have replaced them with the FEMA mobile homes and
placed them on the lots, but the majority of mobile homes are in
mobile home parks.
COMMISSIONER COLETTA: Okay. Thank you.
CHAIRMAN HENNING: Thank you.
Commissioner Halas?
COMMISSIONER HALAS: So what you're saying basically is
the life expectancy of these trailers are probably going to be less than
10 years?
MS. GOODNIGHT: That's correct.
COMMISSIONER HALAS: Okay. People that own these then
can have the opportunity to turn around and rent these out to illegal
aliens?
MS. GOODNIGHT: Well, with the exception of the ones that
are on private property, I don't think that's going to meet with the
covenants of the mobile home park.
COMMISSIONER HALAS: But there's going to be some of
these trailers that aren't going to be on private property.
MS. GOODNIGHT: That's a probability.
COMMISSIONER HALAS: How are we going to maintain
control of them?
MS. GOODNIGHT: Well, after five years and after they've
completely paid for the trailer, then they're going to have ownership
on it, and they're, you know --
COMMISSIONER HALAS: I'm saying if somebody just says, I
want to buy one of these trailers, pays the money up front and --
MS. GOODNIGHT: They can't do that. They have --
COMMISSIONER HALAS: Okay.
MS. GOODNIGHT: They're co-ownership with I HOPE for five
years.
COMMISSIONER HALAS: Okay. I think that answered my
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May 13,2008
question.
CHAIRMAN HENNING: Any further discussion on the
motion?
COMMISSIONER COLETTA: No, sir.
CHAIRMAN HENNING: Commissioner Halas made the
motion, second by Commissioner Henning.
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 unanimously.
MS. GOODNIGHT: Thank you very much.
MS. KRUMBINE: Thank you.
CHAIRMAN HENNING: Thank you, Ms. Goodnight. Good to
see you agam.
Item #6B
PUBLIC PETITION REQUEST BY CLAY BROOKER TO
DISCUSS A TEMPORARY CERTIFICATE OF OCCUPANCY
FOR THE NAPLES NISSAN BUILDING LOCATED AT PINE
RIDGE ROAD/WHIPPOORWILL LANE - MOTION FOR STAFF
TO ISSUE A TEMPORARY CO W/THE FOLLOWING
CONDITIONS: A BOND FOR THE FULL PROJECT OF THE
INTERSECTION IMPROVEMENTS; A COMPLETION DATE NO
LATER THAN JULY 15, 2008; IF THE PROJECT IS NOT
COMPLETED BY THAT DATE THERE WILL BE A FINE OF A
Page 60
May 13,2008
$1,000 A DAY FOR EACH DAY OF DELAY; BRING BACK
EMPLOYEES AFFECTED - APPROVED
MR. MUDD: Commissioner, that brings us to petition 6B, which
is a request by Clay Brooker to discuss temporary Certificate of
Occupancy for the Naples Nissan building located at Pine Ridge Road
and Whippoorwill Lane.
State your name for the record, sir.
MR. BROOKER: Thank you. Good morning, Commissioners.
My name is Clay Brooker with Cheffy, Passidomo, Wilson, and
Johnson.
I appear before you today on behalf of the Naples Nissan.
Naples Nissan's new building on Pine Ridge Road and Whippoorwill
Lane is up and ready for occupation; however, the transportation
department is reluctant to issue a CO to Naples Nissan due to PUD
commitments to improve that intersection at Pine Ridge Road and
Whippoorwill Lane first.
Naples Nissan has already obtained the right-of-way permit from
Collier County to conduct those intersection improvements.
Construction is, in fact, underway as we speak, and Naples Nissan is
doing everything in its power to get those construction improvements
completed just as soon as possible.
In the meantime, Naples Nissan requests that the county
commission authorize staff to issue a temporary Certificate of
Occupancy with the following conditions and assurances: Number
one, the existence of an executed construction contract for the
intersection improvements. That has been done. As I mentioned,
construction is underway.
Number two, Naples Nissan shall post a bond in the full amount
of the estimated cost of construction to complete those improvements.
Naples Nissan has no objection to that as well.
And then finally, number three, Naples Nissan diligently see
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May 13, 2008
construction through to completion. Our construction company
estimates completion in early July of this year.
These conditions assure that the PUD commitment will be
satisfied in short order. Nick Casalanguida of transportation staff
agrees with these conditions and has no issue with this request from a
pure traffic impact analysis for at least two reasons.
Number one, we're in the low season in terms oftraffic, and
number two, the use that's being -- that will be put to this property has
a reverse traffic flow situation. That's not a term of art. That's my --
I'm not a traffic engineer, but that's the way I understand it. When the
people are going out to work, out to Pine Ridge Road in the morning,
that's when Naples Nissan, or shortly thereafter, Naples Nissan
employees will be coming to work, so it's not the same flow, and vice
versa in the afternoon.
This situation is unique such that the granting of our request
today will not violate the reason behind the PUD commitment, which
was concern about the traffic impact.
We've heard concern about precedent setting, and we understand
that concern, and that's why we're here before you today. Anyone else
should come before you and explain their situation to you. And if as a
board you determine that that situation, their request is in the public
interest, then you have the opportunity to deal with it as you deem fit.
We appreciate your consideration of our circumstances
surrounding this request as Naples Nissan is, in fact, suffering and
will, without a TCO, continue to suffer significant tinancialloss on a
daily basis. With your indulgence -- and I tried to keep this very short
-- with your indulgence, Mr. Steve Terry from Naples Nissan would
like to briefly speak to you about the significant losses he's incurring.
CHAIRMAN HENNING: Yeah, go ahead. And then, if you
don't mind, we'll get into questions after that.
MR. TERRY: I'm Steve Terry with -- principal with Naples
Nissan. I spoke with some of you yesterday.
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May 13,2008
I wanted to personally explain the significant situation that we're
in very, very quickly . We opened up a facility, or at least we have a
facility ready to open last month. Currently it is costing us $10,000 a
month -- or I'm sorry -- a day to sit vacant.
Last month we spent $857,000 to open up in our current facility
off Airport-Pulling Road. As of today, it's cost me $230,000 waiting
to come to this meeting.
Now, I fully understand public interest, and I truly wouldn't
expect you to vote against public interest. But if that public interest
was to protect the traffic situation, and that really isn't a concern, I
would respectfully ask that you consider the severity of this situation
for us; because I want you to know that it's very, very real, it
jeopardizes the viability of our company, and what I take very
personally is that it has a serious impact on our employees.
We have 73 employees currently. We had staffed up to 80, with
the intent to get up to 150 in the new building. I already had to cut
back eight staff in the uncertainty of where I'm at right now, and the
staff that I have last month did not earn what they should have earned.
We're sitting in a build that we have no sign in on Airport-Pulling
Road. I've got 500 cars sitting on the ground, and I've got very little
place to put them. Meanwhile, I have a $25-million facility just sitting
there empty at $10,000 a day.
Now, again, I wouldn't ask you to vote against public interest, but
I ask for your very respectful consideration of the position we're in,
more importantly, the position our employees are in, and simply ask
you to put yourself in our shoes and consider the cost and the public
interest.
Thank you very much.
CHAIRMAN HENNING: Yeah. Mr. Terry, before I go to my
colleagues and Clay, I have concerns about this, but I think I'd feel
much better if we can have a time -- date certain when it's going to
come -- be complete, so if you could answer that later on.
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May 13, 2008
Commissioner Fiala, then Commissioner Halas, then
Commissioner Coletta.
COMMISSIONER FIALA: Yes, thank you. First of all, of
course, it's not our fault that you didn't start the improvements until
just recently. You know, you built your whole building, and you
knew the requirements to have that -- those replacements in place, and
you didn't do it, and I'm sorry that you guys are suffering, but had you
started it sooner, it would have all been done and you would have
been able to have your CO. Just to put that on the record so it doesn't
look like we're stopping you, okay?
The second thing is, as long as you've started the building now
and you say that you are going to finish it by the middle of July, I
don't see why we couldn't issue a TCO for you but only until the 15th
of July to make sure that that work is completed, okay?
That's my thought.
CHAIRMAN HENNING: Commissi01ller Coletta?
COMMISSIONER COLETTA: Yes. I think Commissioner
Fiala covered it quite well. And I do have concerns, you know, that
once we grant this, that we have an obligation to grant others in the
future; however, the fact that there are jobs pending here in an
uncertain economic time, if we can have guarantees that one, it will be
done and, two, if it isn't done, there'll be some sort of bonding that will
take place that we can collect on, I feel fairly assured.
Also, I would almost want to include the caveat that these people
be reemployed as soon as possible, in the next couple of days if we
agree to do this so that we can get them back on the payroll and
establish some stability at one part of Collier County, if at all possible.
CHAIRMAN HENNING: Commissioner Halas, Commissioner
Coyle?
COMMISSIONER HALAS: Yes. Nick Casalanguida, yesterday
I talked with Norm Feder in this particular item, and I believe you
might have something that you can put on the overhead in regards to
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May 13,2008
communications that you had with Naples Nissan back in late August
last year. If you could show that.
MR. CASALANGUIDA: Sure. For the record, Nick
Casalanguida with transportation. And I have a copy of it, and I want
to make one thing clear for the record. The Naples Nissan that you
saw here when the PUD was approved was a different Naples Nissan.
The owner was different folks. And typically when we go through
this process, you get all the promises and then the property gets sold to
somebody else.
COMMISSIONER HALAS: But they -- don't they have a
commitment to make sure that they fulfill those commitments on the
PUD?
MR. CASALANGUIDA: Absolutely.
COMMISSIONER HALAS: Okay.
MR. CASALANGUIDA: And then -- and I'll read to you kind of
what was said back in August because you're not going to be able to
read it.
COMMISSIONER HALAS: I'd appreciate that.
MR. CASALANGUIDA: Sure. The email was to Clay Brooker,
and it was to other folks that were involved in the original Naples
Nissan, the owner, Ben Freeland. And it said, gentlemen, I have yet to
receive any plans at the intersection of Pine Ridge Road and
Whippoorwill.
The agreement called for the project COs to be tied to the
completion of the intersection improvements. The plans must be
submitted, reviewed, and approved by multiple agencies prior to the
commencement of construction.
Construction will also take some time. We will not release the
COs until this has been completed. I can assure you that none of the
reviewing agencies will move any quicker because you will be in a
hurry to get a CO.
We will work with you to expedite this approval, but we need
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May 13,2008
you to submit the application and plans to begin the process.
So that was an email from me just on my own accord to say,
folks, we haven't seen any plans, where are they?
COMMISSIONER HALAS: And what was the date on that?
MR. CASALANGUIDA: That was August --
MR. MUDD: 23rd.
MR. CASALANGUIDA: -- 23rd of2007.
Now, when that email went out, that was under the assumption
that Mr. Freeland owned the property, and it went to his engineer and
some of the folks and Clay. At that time I was not aware that the
property was being transferred to somebody else.
COMMISSIONER HALAS: Okay.
MR. CASALANGUIDA: So as we met with the new owners,
just as recently as three or four days ago, from August till now, they
were wrapping their hands around what they understood to be the
intersection improvement to be done.
COMMISSIONER HALAS: Okay. But Clay Brooker
represented both Freeland and this new owner; is that correct?
MR. CASALANGUIDA: I don't believe that's correct. I think
Clay represented some of the additional party members that were part
of the agreement.
COMMISSIONER HALAS: And when you sent this out, did
Clay acknowledge this email, and did he say what they were -- what
was going to take place back in August?
MR. CASALANGUIDA: He acknowledged it, not as a
representative of the existing Nissan ownership that's here today, but
other owners in there knew that we were holding COs as well, too, on
those projects.
COMMISSIONER HALAS: But my question is, he did have
knowledge that there was a commitment and that he needed to relay
this on to the new owners; is that correct?
MR. CASALANGUIDA: He did have knowledge, but I don't
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May 13,2008
think he represented or did not know the new owners at the time. He
just recently was hired by these owners to represent them.
COMMISSIONER HALAS: But you -- didn't you -- the email is
dated August 23,2007, to Clay.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HALAS: Okay. So here we are in May of
2008, and there's not that -- anything had really moved at that point in
time. I guess I'm trying to figure out -- fill in the blanks here, why
hasn't there been something that's taken place since August until now?
MR. CASALANGUIDA: And to give you an update. They had
hired the engineer and design firm. The new owners were working
with the traffic engineer. I think Reed Jarvi responded to me and said,
I have a proposal out. It has not been signed yet.
I think the new owners did not understand the size of the project
that they were committed to as part of the intersection. Mr. Freeland,
the original owner did.
When they realized that and as these past four or five months
went on, I reviewed payments and bills and the construction contract.
They did move expediently to try and get caught up to the situation.
Again, I can speak to you from a traffic perspective. They are in
off season. I have paid bills to Embarq, FP&L to relocate the poles,
they've already begun construction, and their construction schedule is
reasonable. Posting of the bond is absolutely essential, because
without that, you have no surety it will be done. Again, the person
who made that commitment and now the person who's here fulfilling
that commitment are two different people.
COMMISSIONER HALAS: Okay. And where -- do you have a
level of comfort in regards that this will be completed in a time frame
that will probably fit in within July 15th?
MR. CASALANGUIDA: Sir, if you want additional safeguard,
my recommendation is they put a liquidated damages on that date as
well, too, to ensure that it's completed by then.
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May 13, 2008
COMMISSIONER HALAS: Because I'm sure that we're going
to end up having other people that realize there's commitments to their
PUDs and then see that the board is here, and, oh, they might just go
ahead and -- go ahead and vote this in without having to fulfill their
commitments at a reasonable time. And I have a -- you know, that's
what my problem is, is that if we open up the barn door, we may have
a flow of these coming in.
MR. CASALANGUIDA: I have other parties that are already
inquiring about such similar circumstances. So I think Mr. Brooker is
correct in saying I think you have to review this as a board on a
case-by-case basis, and I can only provide you the transportation
impact review of each case.
COMMISSIONER HALAS: I guess then we're going to have to
figure out a way to make sure that these people live by the
commitments of the PUD at the time that we approve it.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, thank you very much. It's--
I think that review is important, the historical summary that's just
occurred here because the county gets frequently criticized --
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: -- for holding up permits and doing
things, and it's sometimes important to review the facts so that the
public and everyone else understands that sometimes developers,
businesses, are also responsible.
But it serves no useful purpose, in my opinion, to try to punish a
new owner. The reason that we want these road improvements made
is to facilitate the flow of traffic. If they're -- if they have a temporary
Certificate of Occupancy for a few months during the lowest traffic
volume period of the year, it's not going to make any difference to the
public, is it?
MR. CASALANGUIDA: No, sir, it will not.
COMMISSIONER COYLE: So if this were a problem where
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May 13,2008
their opening temporarily would create a severe traffic congestion
problem, there's reason for us to want to delay it. But at the current
time of the year, there is no reason to delay it because it's not going to
have a problem. So if it's not going to have a problem, why do we
want to make them -- punish them for, perhaps, some oversights in the
past?
There are employees who need to be employed, there are
businesses who need to open and operate and make money. I think
the public will benefit more from that than they will be -- than they
will benefit if we deny the temporary CO.
So I would encourage the commission to take the position that
there is a good reason for doing this' now. It does not have a negative
public impact. It is guaranteed to be done. There is a bond that is
being posted to assure that this construction will be completed. We
will have control over that if it is not completed. We can exercise that
bond, get those bond proceeds, and get the construction done.
There's only one other thing I would ask you to take into
consideration, and that is that the county itself on many occasions has
told us that something will be done as of a certain date and it doesn't
happen as of a certain date, or a road construction project or an
intersection improvement. And the reason it doesn't happen is because
of an unforeseen circumstance.
Weather delays. Ifwe have a hurricane in June or July, this isn't
going to get done on the date that we forecast. And will it -- will it
harm anybody if it doesn't? No. But in principle we want things done
on time.
I'm merely suggesting here that we not try to punish the new
owner any more than he's already being punished now and allow him
to have a temporary Certificate of Occupancy, demand the bond that
will assure that the construction will be completed in July, but don't
make it so rigid that you're going to close him down if it's not done on
July the 15th, it's done on July the 17th.
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May 13, 2008
Would you really close the facility down if you're a couple days
late or even a week late? I think we need to have a little flexibility
there for reasonable delays.
I know working with subcontractors, they can have problems that
you have no control over, and the overall construction schedule can be
impacted. If it has a negative impact on the public interest, yes, close
it down. If it doesn't have a negative impact, let's just get it done as
quickly as possible. That would be my request.
CHAIRMAN HENNING: Yeah. And if! may interject. I drive
that just about every day, Commissioner. It's right down from where I
live. They've already started the process of the turn lane on Pine
Ridge. It's the opposite way -- when they started on it, it's the opposite
way of the flow of traffic in the evening, but it still had some backup.
I can't imagine if they would have started this two or three
months ago during the end of peak season. Actually because of this
mistake of Mr. Freeland not telling the new owner this is the
commitment, or the understanding it was a commitment, it really is a
benefitto the residents in that area. It really is a benefit to the
residents in the area.
But I do want to keep that commitment on schedule. Mr.
Brooker told me it would be the beginning of July. Now I'm hearing
July 15th. I'm fine with that. But if it is July 15th, if it goes beyond
July 15th, let's put some liquidated damages within the conditions of
the TCO. Is that fair?
MR. CASALANGUIDA: That's typical and normal, and I think
they're okay with that.
CHAIRMAN HENNING: Okay. So I'm going to make a motion
to direct staff to issue a TCO based -- and the TCO will be based upon
the following conditions: They will bond the full project of the
intersection improvements; the completion date will be no later than
July 15th other -- and if it is after July 15, 2008, there will be
liquidated damages of, per day?
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May 13,2008
MR. CASALANGUIDA: Thousand dollars a day in liquidated
damages.
CHAIRMAN HENNING: Thousand dollars, that's what I was
thinking.
COMMISSIONER FIALA: Second the motion.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, I think it's a great motion.
It really fits it. But I'd like to see if we could add the language to there
that they'll re-hire and fully reemploy the employees that they have so
that we can start to get some economic stability.
CHAIRMAN HENNING: I see that Mr. Terry is in agreement to
that. I don't think that needs to be a condition, but I'll put that in my
motion.
Is that in the second?
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: Yeah. It's really a tough time for
everybody and we need to do our part to try to keep people employed.
Any further discussion? Anything that we missed?
Mr. Brooker, you okay? Mr. Brooker?
MR. BROOKER: (Nods head.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg.
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 unanimously.
MR. CASALANGUIDA: Thank you.
CHAIRMAN HENNING: We are going to our 11 o'clock time
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May 13, 2008
certain.
Item #10B
REVIEW THE RESULTS FROM THE RECENTLY COMPLETED
V ANDERBIL T BEACH RECREATIONAL PIER PUBLIC
WORKSHOPS AND OBTAIN DIRECTION FROM THE BOARD
OF COUNTY COMMISSIONERS ON HOW TO PROCEED -
MOTION TO DISAPPROVE THE PROPOSED PIER; STAFF TO
EXPLORE ESSENTIAL SERVICE IMPROVEMENTS W/PUBLIC
INPUT; CONTINUE PURSUING INCREASE CARRYING
CAP ACITY FOR PUBLIC ACCESS AT DELNOR WIGGINS
PASS SATE PARK-APPROVED
MR. MUDD: And that's review the results from the recently
completed Vanderbilt Beach recreation pier public workshops and
obtain direction from the Board of County Commissioners on how to
proceed.
Mr. Gary McAlpin, your coastal zone management director, will
present.
MR. McALPIN: Thank you, Mr. -- thank you, County Manager.
For the record, Gary McAlpin, coastal zone manager.
As the county manager indicated, we want to review the results
from the public workshops and then, more importantly, get direction
from the Board of County Commissioners on how to proceed on this
item.
We conducted -- on January 26th of last year, we had a -- you
directed us to move forward with the feasibility study, Mr. Chair. And
then on January 15th of this year, you directed staff to conduct a series
of public workshops to determine public input and support or lack of
support for a proposed recreational pier at the end of Vanderbilt Beach
Road. We did that.
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May 13,2008
We conducted a Pelican Bay -- a workshop with Pelican Bay on
February 19th where we had over 200 people in attendance. On
February 21 st for District 1, we had six people in attended. For
District 3 on February 25th, we had 13 individuals in attendance.
District 5, on March 12th, we had eight individuals. And then on
district -- for District 2, on March 18th, we had over 300 in attendance
at -- for that -- for District 2 public workshop.
Without a doubt, the overwhelming sentiment of all the public
meetings was expressed clearly, overwhelming opposition to the
concept of the pier and the facilities at the end of Vanderbilt Beach
Road. Also evident was the lack of public support, significant support
by the residents of Collier County east of the County Road 951.
The community's concerns relative to this facility and pier were
traffic congestion, parking, security, quality of life impacts that they
may experience, and reduced property values.
The residents were also very concerned about beach access and
location for the parking facilities and the proposed parking facilities.
There was support however, Mr. Chair --
CHAIRMAN HENNING: Commissioner Coyle has a questions.
COMMISSIONER COYLE: No, that's okay. When he finishes.
That's all right.
CHAIRMAN HENNING: Go ahead. I'm sorry.
MR. McALPIN: There was support for a mixed solution for a
potential pier located at Delnor- Wiggins State Park or some other
relatively less-congested location within the county and bathroom
facilities, snack bar, and storage facility located in the vicinity of the
current existing bathroom just south of Vanderbilt Beach Road.
We listed several options that -- to take a look at. Those options
included do nothing, all the way to move forward with the pier as it
was originally proposed.
The existing bathrooms at the location of Vanderbilt Beach Road
are inadequate. They are -- need to be expanded and replaced. Any
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May 13,2008
significant work on these bathrooms other than a commercial or a
cosmetic refurbishment will theoretically be built up to conform to
new FEMA guidelines.
We believe that a snack bar and outside seating area and a
storage -- to -- in addition to these expanded bathroom facilities would
be the right concept relative to adding a full-service facility. And
when we look at full-service facilities or the concept of full-service
facilities, would be to make this similar to what we have -- what the
county has at Tigertail Beach or what the county has at Clam Pass
Park where we have bathroom facilities, we have a snack bar, we have
water, and we have -- so that the public can go and enjoy the beach
amenities.
If we did anything relative -- and our concept of a snack bar,
there was opposition to that. Their concept of a snack bar is not a
restaurant or a sit-down establishment but rather where the community
would walk up to a service counter and, in addition, they would buy or
get their product and move to a seating arrangement.
We would add -- we have a level of concessions at the existing
Vanderbilt Beach Road that is provided by Cabana Dan. To that we
would add hot food relative to hot dogs, hamburgers, and possibly
pizza to that, again, so we could provide those amenities to the
community .
If we built the rest rooms and snack bar in the area located where
the existing rest room facilities would be, there would be restrictive
covenants that we would need to get deed restrictions waived or
approved by WCI. There may also be some Land Development Code
and permitting issues that we would need to work and move forward
with.
A stand-alone facility would be significantly less expensive than
a pier facility. We would be looking at something in the range of 12
months for permitting and another 12 months for construction. We
anticipate the cost for that would be somewhere between 2.5 and $3
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May 13,2008
million. That would include development costs or soft costs for
engineering of approximately $330,000.
Parks and Rec. Advisory Board looked at this on April 16th of
this year, and they voted 5-1 against it largely because of the inclusion
of a snack bar in the scope. They felt that a snack bar would compete
with the local -- with the local area, with the local commerce in the
location.
We would fund this facility with TDC, category A, 183 beach
park facilities funds.
And if I would -- may, Mr. Chair, just want to talk at this point in
time about the facilities that we have in Collier County.
If you look at our county relative -- we have 43 miles of beach.
Of those beaches, Mr. Chair, that over half, 52 percent of our beaches
are tied up in state and federal properties, Everglades National Park,
the 10,000 Island, the National Wildlife Refuge, Rookery Bay, and
Delnor- Wiggins State Park.
We have private beaches at Hideaway Beach and we have private
beaches at Pelican Bay. Those make up about eight miles -- excuse
me -- 8 percent of our beaches in Collier County.
We have full-service facilities where we have bathrooms, snack
bar, entrance access at Barefoot Beach. We have it at -- we are just
building a new facility at the end of Bluebill. That would only have
rest room facilities. We have it at Vanderbilt Beach, Delnor- Wiggins
-- where we would be proposing our new facilities, and
Delnor- Wiggins State Park and at Lowdermilk. I bring this up just to
keep in perspective of our facilities countywide.
What staff is recommending, moving forward on this, Mr. Chair,
is that we continue to work with Delnor- Wiggins State Park on a
regional pier but we scrap the idea of a pier facility located at this -- at
this time at the end of Vanderbilt Beach Road, but we engineer,
permit, and construct elevated stand-alone facilities. When we say
facilities, we're talking about the rest room and adjacent seating area
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May 13, 2008
and a storage area at this location, and it would be at the location of --
of where the existing rest room facilities would be located.
If we were not successful in obtaining permission, in turn, from
WCI relative to the reduction of the restrictive covenants, we would
move forward with the -- we would then look at building this facility
in the existing right-of-way facility, and we would make a finding that
these are beach park facilities, 183 and TDC monies. 183 could be
used for this.
And at this point, Mr. Chair, we're looking for direction on how
to proceed.
CHAIRMAN HENNING: Who wants to start first besides
Commissioner Coyle?
COMMISSIONER COYLE: I don't know. Somebody else want
to start first?
CHAIRMAN HENNING: Commissioner Coyle, Commissioner
Halas, Commissioner Coletta, Commissioner Fiala.
COMMISSIONER COYLE: I have just sort of a point of order
question here. This was advertised as a decision to be made on the
Vanderbilt Beach pier proposal. I don't think it was advertised as a
meeting where the board would decide whether or not you build a
restaurant or snack bars or elevate the structures or do anything else.
I think that, based upon public comments, that most of the
commissioners believe that we've done a good job of soliciting
comments from the public on the pier, and there's not sufficient public
support for the pier.
So I'm concerned about segueing from that into guidance from
the board to build something else, okay. So I don't want to go there,
quite frankly.
The pier project was done exactly the way it should have been
done. It was an idea that was presented for the public's reaction. It
was not a decision by the commissioners to do something. It was a
decision to get the public's input.
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May 13,2008
And Commissioner Halas has recognized that input and remains
committed to providing access to the beach by all county residents to
the extent possible. But I think we recognize that the residents
overwhelmingly reject the pier at this location at this time.
I don't want to segue into something else at this meeting. I don't
think that's the right way to do it. If you've got another idea that the
staff wants to present, then I think you're obligated to go back to the
public and say, okay, what do you think about this?
And hopefully we will know before we begin making decisions
about what staff ought to do. We will have the benefit of the public
input. So that's my concern here.
I do not want today to repeat everything that has been said or
done at all the public outreach meetings that have occurred in the past.
That's a waste of the public's time. It's a waste of our time. I think
that we can acknowledge -- I hope we can acknowledge -- that you do
nothing with the pier until there's sufficient public support to do it.
And then if the staff has some other ideas, then get them vetted
properly, get us a design, show us what it's going to look like. People
can't react to just ideas. They have to see what you're talking about.
When you're talking about an elevated building and a restaurant and
restaurant facilities and things like that, they need to understand where
it's going to be.
We don't even know that we've got access to some of the
property. How can we provide direction to you about doing
something if we don't even know that?
So I think you need to go explore what you can do with respect
to some of the property and the arrangements around it, and then go to
the public and say, what do you want to see here? What would you
like to have? And then you come back with public support, and it's
real easy for us then and we can do what the public would like to do.
But I know this is not my district, but I just wanted to try to avoid
any -- any more land mines associated with this process, 'okay.
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May 13,2008
But in my opinion, it has worked exactly the way the Board of
County Commissioners intended it to work. An idea was generated, it
was proposed, we told you to go out and get public input, the public
provided their input, and now I think we're -- I'm ready to say, okay,
you don't want it, I'm not going to force it down your throat. So let's
forget it.
MR. McALPIN: Thank you, Commissioner. I think that if that's
the board's direction, that's fine. We looked at a -- we thought we
were given the direction of looking at a pier and also phasing a
product so that we were looking at a pier and the facilities or maybe
phasing a product, so that's why we bring that option back to you
because this concept can be phased. We could abandon the pier at this
location here, just build the facilities as we speak at this point in time.
And obviously anything we do is going to have to require
additional input, additional design. So what we're looking for is just a
direction. Do we -- you know, do you want us to come back with a
facility proposal? That's fine for this. We could do that.
COMMISSIONER COYLE: What I'm saying to you is, I don't
want to tell you to come back with anything in particular that hasn't
been vetted with the public. That's the way these things should work,
because the minute you come back to us with a proposal and you refer
to it as a phased approach, people are immediately going to jump to
the conclusion that this is the first step in building the pier, okay.
So we've got to erase that concept from our minds. The public
has said they don't want the pier. I'm ready to say, okay, I'm not going
to force a pier on you. But does the public -- has the public said they
want more rest rooms or better rest rooms? Do they want snack bars?
Do they want an observation deck? You know, what is it they want?
I hear people saying no. There might be some people who say yes.
But you see, if we give you direction to do that right now, we've
created that same situation all over again. So I'm saying to you, let's
find out what the public wants and then do our best to give it to them.
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May 13,2008
MR. McALPIN: Thank you.
COMMISSIONER COYLE: Okay?
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. I'd like to have a show of
hands of the people that live right around this particular area where the
pier is going to be. Okay. Do we have anybody in the audience that's
from outlying areas other than the area where the pier might be
located?
COMMISSIONER COYLE: One person. oh.
COMMISSIONER HALAS: Okay. So obviously there's not a
lot of -- a lot of people that are interested in any type of access points
to the Gulf.
County Manager, how many letters have you written to Mike
Sole up in Tallahassee in regards to addressing the issue of trying to
increase the load-carrying capacity of the state park, and what has the
response been?
MR. MUDD: Commissioner, I've written two letters to the
Florida Department of Environmental Protection. I've received one
response back that was incorrect as far as the information that was
provided, and wrote back to Secretary Sole, provided him the
information, and I'm still waiting on the receipt and reply to that letter,
SIr.
COMMISSIONER HALAS: Okay. And what is our next
approach to this problem of accommodating not only present residents
but future residents here in Collier County to get access to the beach
after we've seen that we have very limited areas of access?
MR. MUDD: Commissioner, we basically tried to increase the
amenities as pathways or whatever that we can get to the beach
wherever the opportunity avails itself. Outside of that -- and buying
properties along the coast, which we haven't done, and I believe at this
juncture it might be cost prohibitive based on the budgets that we
have. That's about it, sir.
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May 13,2008
COMMISSIONER HALAS: Okay. So it's my understanding
from the survey that was basically taking -- taken by Commissioner
Coyle, that we don't want to do anything down there as far as trying to
enhance the ability for people to have a better experience down at the
beach. We've basically taken off of the -- off the table the pier.
But as far as other amenities, we're not interested in those either;
is that correct? Is that what you're telling me?
AUDIENCE: Correct.
COMMISSIONER HALAS: So your don't even want a snack
bar down there?
AUDIENCE: No, rest room.
COMMISSIONER HALAS: Is it because --
CHAIRMAN HENNING: I could call the public speakers if you
want.
COMMISSIONER HALAS: Well, hold on here. I'm just quite
surprised. We heard that -- I guess what we have here then is a gated
community starting at U.S. 41 going west. Thank you.
AUDIENCE: No.
COMMISSIONER COYLE: Can I -- Mr. Chairman, could I ask
your indulgence for just a moment?
CHAIRMAN HENNING: Sure.
COMMISSIONER COYLE: Commissioner Halas has raised a
very important point, and we need help. He's pointed out that we have
not been successful in getting the state to expand the carrying capacity
of the park. And that's one of the problems we have, and it's an
obvious solution to the problem.
Could we ask you to help us do that? If you don't want to
increase the carrying capacity in this area, would you be willing to
help us petition the state to get them to increase the carrying capacity
of their park?
You've organized very well, you've been very vocal, you've
attended these meetings. Can we ask you to be as effective in
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May 13,2008
lobbying our legislators to get that accomplished? How many people
would like -- would be willing to do that? There's not very -- there's
not all that many.
AUDIENCE: That's too generic.
CHAIRMAN HENNING: Okay. You know, at this point I think
that what we need to do is either workshop this or ask for the public
comments, because this is really not working interacting with the
public.
But I want to tell everybody -- let's make it straight here. This is
not increasing the access to the beach. It is -- it is actually taking
away from the beach. If you look at the picture down there, if you had
a pier, you would lose -- you would displace some of those people and
they would have to go farther out.
COMMISSIONER HALAS: Commissioner, just so that you
know, we've already taken the pier off the table.
CHAIRMAN HENNING: No, we haven't. No, we haven't. You
do that at a time when you vote, and you haven't heard from the
colleagues.
But I've been hearing access, but what is being proposed is not
access. It's not going to increase the access.
Commissioner Coletta?
(Applause.)
COMMISSIONER COLETTA: Yeah. Well, that's kind of
contradictory to what the opinion was just a moment ago, and --
CHAIRMAN HENNING: Right.
COMMISSIONER COLETTA: -- you know, you're talking
about including some facilities to be able to meet basic needs of
people that are using the place. And we had indication that people
were opposed to not only a snack bar, but in most cases, rest rooms.
AUDIENCE: No:
COMMISSIONER COLETTA: But in any case, let's go back to
square one on this. We asked for help trying to get down to the
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May 13,2008
Oelnor- Wiggins State Park, and it didn't seem like there was
tremendous amount of support for that either. So I'm becoming very
leery about the whole thing. I agree, the pier's offthe table. I don't
want to get into that discussion.
At what point in time are we going to be able to provide
services? We've got a rest room that's failing. Tell us about the rest
room facility that's there now.
AUDIENCE: It's not failing.
COMMISSIONER COLETTA: Please, this is my time.
MR. McALPIN: The rest room facility is probably 13 to 15
years old, and it has -- it has two commodes for the women and a
urinal and a commode for the men. It is -- greatly needs to be
upgraded and expanded. The women's facility is very much
inadequate for the traffic that that area receives.
The facility was built years ago for that -- for the traffic at that
point in time, and I think the board understands the traffic that we're
seeing at that location at this point in time.
So we believe that anything that you have to do, we would do to
that facility, would -- other than a cosmetic rebuild, would have to
elevate the facility, and elevate it and expand, and that's what we
would be -- which would be a significant amount of money to do that,
and that's what we -- if we did not move forward with any other
facilities, we would look -- that that rest room absolutely has to be
expanded.
COMMISSIONER COLETTA: Okay. Is the lack ofa rest room
or rest room facilities that aren't adequate, is that a deterrent for people
to go to the beach?
MR. McALPIN: Is it a deterrent to go to the beach? I think it
certainly is a negative relative to the facilities that we provide.
What we've been trying to do, Commissioner, is to provide a
full-service venue, if you would, at this -- at this location similar to
what we have at other locations throughout the county.
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May 13,2008
And if you look at what we're -- what's done at Tigertail,
Lowdermilk Park by the City of Naples, and also at Clam Pass Park,
we have bathroom facilities, we have a snack bar, and we have -- we
have facilities that the people could enjoy. And so that's what we
were trying to do here is make this another full-service facility for the
community .
COMMISSIONER COLETTA: Lowdermilk Park and Tigertail,
they have a facility there that serves what you call snack food, I guess,
hamburger, hot dogs?
MR. McALPIN : Yes.
COMMISSIONER COLETTA: They don't really compete with
anybody, do they?
MR. McALPIN: Not that I'm aware of.
COMMISSIONER COLETTA: Okay. Now, that was an issue
that was brought up. What would this snack bar that you're talking
about, who would it compete with?
MR. McALPIN: Mr. Chair, if! may, if you look at the facility
right here, we have the Ritz Gumbo Umbo facility, which is located at
this location right here; we have the Turtle Club, which is located at
this location right here; Mr. Chair, we have a 7-Eleven-type
convenience store, which is located at this facility right here, and there
may be a little pizza place right in here.
So we -- you know, it's -- our opinion is it's unreasonable to have
people, a family, mother, children, dragging a cooler, coming in
through here certainly to grab an economical-priced drink or a
hamburger, something like that, and move to a different -- move to
this facility right here or this facility or go off the beach and go up
through here to a 7-Eleven. So what we're trying to do --
COMMISSIONER COLETTA: You said reasonable. You lost
me there. What does the Turtle Club and the Ritz-Carlton charge for
like a hamburger or --
MR. McALPIN: They're in the range of$15 --
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May 13, 2008
COMMISSIONER COLETTA: Whoa.
MR. McALPIN: -- Mr. Chair.
COMMISSIONER COLETTA: So I guess the choice is, if there
isn't a facility, just bring your own lunch in a cooler, correct?
MR. McALPIN: Well, that would be one option, Mr. Chair. We
do sell -- Cabana Dan does sell Cokes and snacks out at of -- out of
coolers at that location right now. We would be looking to add that to
this permitted facility. So we do -- we do have somewhat of a little
concessionaire right there now.
COMMISSIONER COLETTA: One more question, if! may.
Mr. Mudd, we're going to be coming in our budget cycle in an
uncertain time of what the economy's -- is and our tax situation. Our
revenue streams has been greatly disrupted. Beach parking passes. Is
there a plan this particular budget cycle to see about charging the
residents of Collier County for beach parking passes?
MR. MUDD: Commissioner, it's an option. I haven't finished
reviewing the planning services division budget yet, which I review on
Wednesday. I'm about on page 20, and I finished their capital side and
I haven't got to the beach piece yet and the park side yet, so I'm still --
I'm still reviewing that. So I can't answer that question off the top of
my head.
COMMISSIONER COLETTA: I'm just --I'm concerned. We're
talking about severely limiting the ability of the people that don't live
in the immediate area to be able to access the beaches. And if we put
on top of that -- which I would say the possibilities -- I'm not going to
support it, but I think the possibilities are going to be good that we're
going to see a service fee on the beach parking stickers. I wouldn't
doubt that it's probably going to be $20 or more. That's going to even
more so affect people's ability to be able to access the beaches and one
of the reasons that they moved here. So all these things combined,
they all add up to a final score, and there's some real concerns here.
Now, I understand about the concerns of the people that live in
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the area, very much so. But I don't --I'm not of the financial means
that if I went to the beach, which I get to do about once every two
years, to be able to go to one of the facilities there and pay 10, $15 for
a hamburger, and it's just not going to work. I couldn't do it, so I'd
either bring my lunch or have to do without. So that's the concern. I'm
going to share that with my fellow commissioners.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. You know, I think that it's
time for a compromise. We have a lot of people here who say they
don't want a pier. We're listening to them. We were trying to help a
lot of other people get to the water.
Okay, fine. They don't want a pier, but then at least I think the
compromise should be at least let us build decent bathroom facilities
to handle the families that do go to the beach as well as a shower so
that they can shower off the sand and dirt, and they should have a
place to be able to sit when they're eating that isn't on the sand if they
don't want to or to take their babies to change their diapers instead of
throwing the diapers on the beach.
So I think that that's a very good compromise. No pier, but the
bathrooms and the snack bar.
CHAIRMAN HENNING: Okay. Mr. McAlpin, before you
expend any money, it needs to go to the TDC. According to the
statutes, it does say that the TDC shall approve the expenditures.
That's what we were told. And I'm sure you're not asking for the
board to give you direction that is not lawful.
MR. McALPIN: Right. Commissioner--
CHAIRMAN HENNING: The second thing is, the Turtle Club, I
-- two weeks ago maybe, I had a $9 hamburger. It wasn't a special
there. Actually it was a cheeseburger. Okay. It was special because
it was a hamburger with cheese on it, and it cost $9. How much is it at
the -- at the Ritz?
AUDIENCE: Fifteen.
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May 13,2008
MR. McALPIN: Mr. Chair, I think --
AUDIENCE: No.
CHAIRMAN HENNING: How much is it at the Registry? My
wife told me $10 at the Registry at Clam Pass.
MR. McALPIN: It's in the range of$15, Mr. Chair. I have the
menus here if you'd like to see them. But we're in that dollar range.
CHAIRMAN HENNING: I had a--
MR. McALPIN: Fifteen-dollar range.
COMMISSIONER HENNING: I had the menu right in front of
me, and I chose a hamburger for $9 at the Turtle Club. So why would
we want to charge more when the private sector can provide a meal?
And by the way, my wife, who is a mother, has a child, and drags
a cooler to that beach when she chooses to go to that beach. I don't
think that is something that government should provide or has to
provide is an experience at the beach. Nature is the experience.
(Applause.)
CHAIRMAN HENNING: And we're really sending the wrong
message to the general public. We're saying, we're going to cut out
people in the library, people in the parks, but we want to spend $3
million for the experience at the beach.
(Applause.)
CHAIRMAN HENNING: Commissioner, I think you were right,
is we need to provide the necessities. Ifwe have a -- lacking rest
rooms, that could be a public safety. And I think it's reasonable to
have showers there.
So that's as far as I would go. We're getting close to lunch. We
need to give some direction. I would prefer a motion and see if we
can move this down the line.
Commissioner Coyle?
COMMISSIONER COYLE: Mr. Chairman, I'd like to make a
motion that we disapprove the proposal to build a pier and that we
direct staff to investigate service improvements, essential service
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improvements, at any of our beach locations and provide us proposals
after they have been vetted through public hearings.
CHAIRMAN HENNING: Okay. And is there a second to the
motion?
COMMISSIONER FIALA: I'll second the motion.
CHAIRMAN HENNING: The motion is seconded by
Commissioner Fiala.
So just to clarify the motion, Commissioner, you're saying
essential services. Something that is essential for government to
provide to the citizens?
COMMISSIONER COYLE: Yes. And the reason I phrased it
that way is essentially this. There are locations that we have where
food and other things might be considered essential because it cannot
be obtained from --
COMMISSIONER FIALA: Right.
COMMISSIONER COYLE: -- a local business. But there are
other places like this, perhaps, where it can be obtained. But the point
is that I don't want to try to design this today and tell you what you
should be developing. I want you to go out and talk with the public to
find out what the public will support, and then we can avoid all this
controversy that we've had.
COMMISSIONER FIALA: May I add something in that
motion? I would like us to pursue more public access at Wiggins
State Park and --
COMMISSIONER COYLE: Oh, absolutely.
COMMISSIONER FIALA: -- enlist these people's help. They
have plenty to say about what they don't want. Let's enlist their help
to say what they do want.
COMMISSIONER COYLE: We can't make them help if they're
not going to help. We can't make them help. Ifanybody's willing to
volunteer to help -- I'll put this in my motion, that we pursue --
COMMISSIONER FIALA: Okay.
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May 13, 2008
COMMISSIONER COYLE: -- the state about increasing the
carrying capacity of Wiggins --
COMMISSIONER FIALA: Okay.
COMMISSIONER COYLE: Delnor-Wiggins Park.
CHAIRMAN HENNING: One more question on the
clarification of the motion so we get it straight before we go to
Commissioner Halas. When you say public hearings, are you saying
to our advisory boards, or are you saying to the public, go out to the
public like Mr. McAlpin did earlier for this pier?
COMMISSIONER COYLE: I'm looking for the staff to go out
in public outreach programs --
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: -- and find out what they would
like to have as far as improvements to facilities on the beach. And I'm
not restricting that to just the people who live there. I'm talking about
Collier County residents. And come back to us with something that
has been properly vetted, and maybe not completely designed, but at
least the ideas and components of the project have been vetted, then
we can come back and go through formal hearings on these kinds of
things and have elevations and drawings. We will have worked out
whatever problems we have with ownership or rights of property and
stuff like that.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Let's cut right to the chase. We've
asked -- the staffs come to the Board of County Commissioners, we
did a study in regards to a pier. The staff then came back and said that
they needed around $12,000 to go out and publicly vent (sic) this. We
spent the money, it's been vented. I think that the bottom line here
should be, let's just get a gallon of paint, paint up the rest rooms and
forget about it, and I think we've got the problem solved.
CHAIRMAN HENNING: Okay. That's not quite the motion.
COMMISSIONER HALAS: Well, that's the way I look at it. I
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really do. You know, it's been vented. We've had -- we went to four
different locations throughout the county, and the end result was that
nobody wanted to get involved in this or wanted anything. And I
think the end result is, from what we hear today, just paint the rest
rooms, and I think they'll be okay.
CHAIRMAN HENNING: Anybody else before we go to public
speakers?
(No response.)
CHAIRMAN HENNING: Just to reiterate the motion, what the
motion is, is go out -- the pier, no pier, go out to the public with others
amenities, essential amenities, to the access at Vanderbilt Beach.
COMMISSIONER COYLE: Any access.
CHAIRMAN HENNING: Yeah, all accesses.
So we are going to call the public speakers, or Sue is. You may
choose to waive knowing that you're going to have more input, but the
pier in this motion is not going to happen. So if you're in favor of the
pier, you may come up and speak, or you can speak anyways.
Please call the public speakers.
MS. FILSON: Mr. Chairman, I have 34 speakers. The first one is
Dick Lydon. He'll be followed by Mick Moore.
CHAIRMAN HENNING: Did you want to waive, Dick?
MR. LYDON: I waive.
MS. FILSON: Mick Moore?
CHAIRMAN HENNING: Mr. Moore? And then following Mr.
Moore.
MS. FILSON: Jim Carter?
CHAIRMAN HENNING: Mr. Carter, did you want to waive or
did you want to speak?
MR. CARTER: I have a question on the motion.
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: The more speakers I have on my
motion, the more likely I'm going to withdraw it.
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May 13,2008
CHAIRMAN HENNING: Mr. Moore?
MR. CARTER: I appreciate the comment, Commissioners.
CHAIRMAN HENNING: Hang on, Mr. Carter.
MS. FILSON: Wait, wait, wait.
CHAIRMAN HENNING: Mr. Carter?
MS. FILSON : You're first. Go.
CHAIRMAN HENNING: Mr. Moore?
MR. MOORE: Good morning, Commissioners. My name is
Mick Moore, and my family owns the Vanderbilt Beach Resort. I just
wanted to come up and just get my comments on the record. I
appreciate the discussion today, and I'll try to tailor my comments
accordingly.
We've owned the resort, it's been in our family since 1968 when
my grandfather purchased it. My father's father's been running the
resort since 1976, and now I'm running it with him. So we have a
considerable amount of time on Vanderbilt Beach. And I'm fortunate
now to have two young daughters who are playing on Vanderbilt
Beach quite often. So we've been there for a while and we should
continue to be there.
I agree with the commissioners and the sentiments that have been
expressed that the idea of a pier on Vanderbilt Beach and, in my view,
anywhere, is misguided and unwise.
I think that the three questions you need to continue to constantly
ask as you go through this process are, do we need it? Does the public
want it? And is it possible for us to do it?
And I'd submit it -- very much with the pier and the snack bar
idea, the answer to all three questions is no. We don't need a pier. It
will result in less beach access because it will cover up the beach area
as it goes out.
The public doesn't want it, as you've already recognized, and it
would not be responsible for a number of reasons, fiscally,
environmentally, traffic and parking and its effect on tourism.
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May 13, 2008
As a hotel operator, we sit at the forefront of the tourism
industry, and I can tell you the hotels that I have spoken with, nobody
thinks that a pier will help tourism. In fact, most hotel operators
believe it will negatively affect tourism in the county, which will
negatively affect the finances of the county greatly.
Let me just raise two things that were brought up in the
discussion. I understand the sentiment about increasing the capacity at
Wiggins Pass State Park, and that might be possible, but I, for one,
have no idea what that means, and would have a hard time saying yes,
let's do that, without knowing whether that's something that's possible.
What would its impacts be on the county, on the environment, on
traffic, on the facility there? Is it cost effective? How much could you
increase the capacity? Those are all questions that would have to be
answered before anybody in their right mind would say, yes, let's
increase the capacity. It's not really fair to ask the public to say yes to
that without that information.
On the issue of food prices, Clam Pass charges more for a
hamburger than our restaurant does at the Vanderbilt Beach Resort,
the Turtle Club, and that's an entity, that's a facility operated by the
county.
So to suggest that somehow the food prices are going' to be more
affordable for the public by providing some sort of snack bar facility
there when the only snack bar facility in that area which is operated by
the county is more expensive is just wrong.
Thank you very much.
CHAIRMAN HENNING: Thank you, Mr. Moore.
Mr. Carter?
MS. FILSON: The next speaker is Jim Carter. He'll be followed
by Allan Grossman.
CHAIRMAN HENNING: Mr. Grossman, do you want to waive
your time?
MR. GROSSMAN: Yes, I'll waive.
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May 13,2008
CHAIRMAN HENNING: Next speaker after that, Sue?
MS. FILSON: Lenora Ferdinand.
MS. FERDINAND: I'll waive.
CHAIRMAN HENNING: She waives, thank you.
MS. FILSON: Norman Bilodeau?
MR. CARTER: Bilodeau.
MR. BILODEAU: Waive.
CHAIRMAN HENNING: You're going to waive?
Next speaker?
MS. FILSON: Jackie Bammel (sic).
MS. BAMMED: I waive.
CHAIRMAN HENNING: Next speaker.
MS. FILSON: Barbara Bateman?
MS. BATEMAN: I waive.
MS. FILSON: Joe Connolly?
CHAIRMAN HENNING: Mr. Connolly?
MR. CONNOLLY: I waive.
MS. FILSON: William--
MR. ELIRIE: Waive.
MS. FILSON: Susan Morand?
CHAIRMAN HENNING: Susan? She's not --
MS. MORAND: I'm right here. I'm not waiving. I don't know
what response you want.
CHAIRMAN HENNING: Not waiving, right. Thank you.
Mr. Carter?
MR. CARTER: Thank you, Commissioners. My name is Jim
Carter. I'm a resident of Pelican Marsh, serve on the Pelican Marsh
foundation. Two questions, and one is a comment, one is a question.
The two issues with the pier and the second was the construction
of bathrooms, restaurant facility, storage, office, et cetera, at the
turnaround at Vanderbilt. If that's off the table, the alliance certainly
will not object to looking at what you might do to improving
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May 13,2008
bathroom facilities.
We don't know what can be done and how it can be done. But
that, I think, is something that's in your motion to look all over the
area to answer that question.
The alliance is not a group that is against what you are asking
about Wiggins State Park. We -- as the speaker in front of me said,
we don't know enough about what the possibilities are to say what we
can do or what we can't do.
One of the issues, I understand, that this park is limited because
it's a preserve area and there's a load factor and it really rests with the
Department of Environmental Protection. So until more information
is gathered and presented and we're elicited to help you explore that,
we can't answer the question.
I appreciate what you're doing. I understand the dilemmas
you've gone through, but the alliance is not a negative group. We
were there because we opposed the pier, we opposed the turnaround,
and we really -- we really were opposed to doing something with the
bathroom area that really was being -- going beyond what needs to be
done.
I think Commissioner Halas hit it on the nose, why don't you
refurbish what you have, do that temporarily, look downstream and
ask yourselves, what would be logical to put in there? You don't build
facilities for peak season. You build them to work through the year.
It's no different than building roads. Thank you.
CHAIRMAN HENNING: Thank you. Just to--
MS. FILSON: Susan Morand.
CHAIRMAN HENNING: -- clarify, County Manager, let me
just state this and let me see if this is your understanding. The board
gave direction to take it out in the public. It didn't say nix the idea of a
restaurant and -- or facilities at the end of Vanderbilt Beach. What is
your understanding?
MR. MUDD: Commissioner, motion is no pier. If you're going
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to do anything that has to do with any kind of access to particular
issues, vet it with the public and then bring it forward through the
proper -- may it be parks and rec., TDC, and back to the Board of
County Commissioners. That's it.
CHAIRMAN HENNING: Okay. Well, no. It was saying go out
to the public and have public meetings --
MR. MUDD: I said vet.
CHAIRMAN HENNING: It was ancillaries --
MR. MUDD: Yes, sir. I said --
CHAIRMAN HENNING: -- ancillary amenities at the beach.
That's not public access. Public access is where you go to the beach
for those amenities if they're there.
Commissioner Halas?
COMMISSIONER HALAS: Yes. The way the motion is right
now, I'm not going to vote on it. I'm not going to go out and spend
more taxpayers' money to go out and vent this out through the whole
area.
(Applause.)
COMMISSIONER HALAS: So I think the end result is, all we'll
do is, like I said, we'll get a gallon of paint and paint that down there,
and figure out what we want to do in the future, end result.
AUDIENCE: Remodel.
CHAIRMAN HENNING: Next speaker?
MS. FILSON: Susan Morand?
CHAIRMAN HENNING: And followed by?
MS. FILSON: Rollin Rhea?
CHAIRMAN HENNING: Mr. Rhea?
MR. RHEA: I yield my time to Georgia Hiller.
MS. MORAND: As I do.
MS. FILSON: Doris Rand?
MS. RAND: I waive.
MS. FILSON: Bob Naegele?
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May 13,2008
MR. NAEGELE: I'll waive.
MS. FILSON: Susan Stiefel.
MS. STIEFEL: I'm going to give my time to Georgia Hiller,
please.
MS. FILSON: Carol Wright?
MS. WRIGHT: I give my time to Georgia Hiller.
MS. FILSON: Kathy Robbins?
MS. ROBBINS: I cede my time to Georgia Hiller.
MS. FILSON: Georgia Hiller?
CHAIRMAN HENNING: Mrs. Hiller waives.
MS. HILLER: No, I'm not waiving.
CHAIRMAN HENNING: No, you're not waiving? Please, go
ahead.
MS. HILLER: I just got so much time. Would you like me--
CHAIRMAN HENNING: Either mike.
MS. FILSON: And how much time do you want me to allow,
sir?
CHAIRMAN HENNING: There's four people, five people.
MS. MORAND: No, no, no. More than that.
CHAIRMAN HENNING: How much time do you need?
MS. HILLER: I don't know. Depends on what our discussion is.
CHAIRMAN HENNING: You know, if you waive your time to
the person representing the residents, it is three minutes per person.
So however many --
MS. FILSON: I didn't count them.
MS. HILLER: Can everybody who ceded their time to me please
raise their hands.
CHAIRMAN HENNING: One, two, three, four, five, six, seven;
21 minutes, plus three is 24 minutes.
MS. HILLER: So twenty-five minutes?
CHAIRMAN HENNING: Twenty-four minutes.
MS. HILLER: Thank you very much.
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Commissioners, my name is Georgia Hiller. I am the
Chairwoman of the North Naples Community Alliance, a coalition of
17 organizations representing approximately 18,000 constituents.
Our position with respect to the pier is that we don't support a
pier at any location. With respect to the snack bar, bathroom,
observation deck, storage facility, we do not support that either.
I'd like to begin the discussion in response to Commissioner
Coyle's request to bifurcate this project and delay the discussion of the
bathroom, observation deck, storage, and snack bar to a later time. I
have to agree with Commissioner Halas, the money has already been
spent. The executive package which was put together for the Board of
County Commissioners includes both a proposal on the pier itself as
well as on the snack bar, bathroom, observation deck, and storage
area. I wish we could call it something a little bit shorter.
In any event, Mr. McAlpin, when he presented this project to the
community, presented it in its totality. And as a result, this issue has
been vented.
Our community has seen the drawings. The parks and rec.'s
advisory board has seen these drawings for this an -- for this adjacent
project, and I believe that our position has been made clear at the
meetings that we attended that we are in opposition. As a result, to at
this time postpone the decision on this issue would be inappropriate.
With that I would like to turn to the presentation that I intended
to make today on that particular facet of the project.
Commissioners, in these difficult economic times where people
are losing their homes and jobs, how can the commission waste tax
dollars on a non-essential project, particularly when beach
renourishment reserves and catastrophe reserves are underfunded,
where EMS is underfunded, and where the sheriff can't build
necessary additional substations? It is simply irresponsible.
The budget for this project as presented is materially understated.
The combined project was understated by at least 39 percent. It most
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significantly fails to contemplate cost of financing the construction
which would equal at least the entire cost of the project itself.
This, quote, snack bar, et cetera, project might readily cost
upwards of $7 million to the taxpayers.
Only one-third of the TDC revenue stream within category A can
be used towards beach park facilities. There remains the legal
question whether this project can even be funded from this category.
More importantly, as you pointed out, Commissioner Henning, the
Board of County Commissioners cannot approve any expenditure of
TDC dollars without the TDC's prior approval.
Further, the use of the TDC reserves for this project is prohibited
by county policy. Catastrophe reserves and major reserves can't be
depleted for non-budgeted, nonessential projects that the public
doesn't even want.
Lastly, no budget has been proposed for the maintenance of the
project nor has the source of funding for such maintenance been
identified. Maintenance certainly can't be paid from TDC dollars.
As to the staffs executive summary presented to the Board of
County Commissioners, the Growth Management Plan section cited is
incorrect and refers to undeveloped beachfront property where the
location in question is obviously developed.
The correct Growth Management Plan section prohibits the
contemplated use, a restaurant with outdoor seating since it does not
fall into the category of public access under the code.
The current bathrooms are situated within the coastal
construction zone, and therefore section 10.4 of the Growth
Management Plan applies. The county cannot build to the east of this
site of the current bathrooms because of existing mangroves, and the
county cannot go west because of the public access limitation.
The cul-de-sac is a break in the dunes. Any building would
destroy the natural vegetation that stabilizes the dunes even further,
making the area more susceptible to storm damage. A storm would
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eat away at the sand and would erode Vanderbilt Beach Road.
All along the beach, on the back side of the dunes is gopher
tortious habitat. Expansion of the facility -- and I'm speaking
specifically about the snack bar, observation deck, storage area, and
removal of vegetation will adversely affect these gopher habitats
isolating the tortoise population and prohibiting their north/south
movement.
The code makes clear that the county shall prohibit activity that
endangers listed species, notwithstanding the county is now
attempting to violate its own code.
As to sea turtles, there are several secondary impacts. One would
be from the lighting of the facility itself. The vegetation at the site
will be cut down, and the lighting of the facility will draw the turtles
to the building rather than the water.
Without vegetation, headlights from oncoming cars on
Vanderbilt Beach Road will disorient these turtles further.
Has the county even addressed such construction in a sensitive
dune area with the county's own environmental staff? Are these
improvements seaward of the county's 1974 coastal construction
setback line appropriate?
Finally, this project in every way goes against environmental
conservation.
With respect to the issuing of menus, we are being made to
believe that this restaurant will serve low-cost food. Does the county
intend to use Clam Pass concession pricing as has already been
pointed out where the charges are equal to the restaurants at Waterside
Shops? Ten dollars for a burger, $13 for a fish sandwich, $4 for a
bottle of water, and $16 for a glass of chardonnay?
In fact, are you aware that the concession at Wiggins Pass is
closed once the winter months are over because of lack of demand?
Clam Pass and Tigertail do have a concession because they don't
have facilities within walking distance where people can get food.
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Our location does.
As Commissioner Henning stated at the last MPO meeting, the
only free cheese is in the mousetrap.
Commissioners, if you approve this project, you would be
abdicating your duty as the fiduciary of our public funds, and in doing
so, you would be violating the guiding principle of stewardship of the
Collier County Board of County Commissioners.
Please be responsive to the people of Collier County. The
community opposes this project in its entirety, the pier, the
observation deck, the snack bar, and the storage facility. We ask that
you do the responsible thing and that is, make a motion today to
oppose it and vote against it.
CHAIRMAN HENNING: I have a question for you.
(Applause.)
COMMISSIONER HENNING: Ms. Hiller, you said the beach
renourishment reserves are not adequate?
MS. HILLER: That's correct.
CHAIRMAN HENNING: I really question that statement.
MS. HILLER: No. Well, that is correct, Commissioner. What
I'd like to do is -- do you have an overhead?
MR. MUDD: Yes, right here.
MS. HILLER: Thank you.
CHAIRMAN HENNING: Commissioner Halas has a question, I
believe.
MS. HILLER: And actually let me get one other thing.
Commissioner Henning, the county has a policy with respect to --
with respect to the use of category A TDC funds.
Thank you. Thanks, Jim.
Specifically what is provided right here is that policy. And if you
look under item number 3, it says that there is a mandatory annual
budget allocation of funds and maintenance of reserves that is
required.
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Item 3A addresses catastrophe reserves which will be
accumulated in the budget with one million in 2004, plus a half a
million per year thereafter, up to a maximum of 10 million, and this is
-- now these are the operative words -- that in the event of a
catastrophe requiring the expenditures of all or part of these reserves, a
half a million will continue to be set aside.
It's in the event of a catastrophe that these funds can be used, not
for a non-essential project.
The second item, which is 3B, specifically provides that there are
-- there is a requirement, again, a mandatory annual set-aside for
major renourishment reserves which shall be accumulated in the
budget with $2 million per year after the completion of the major
renourishment project currently in planning and permitting as of
September, 2005, projected to start setting aside funds in fiscal year
2007.
So this year we should actually have $4 million in that account. I
don't believe we have that much money in there.
The point being is -- and actually let me draw your attention to
the third item, which is beach park facilities, including beach access,
property acquisition, shall be funded annually in an amount equal to
one-third of TDC category A revenues, meaning that only one-third of
the revenues in category A can be allocated to a beach park facility.
And as I mentioned earlier, there is a question whether this project can
be considered a beach park facility.
So as you can see, there is a mandate requiring you to accumulate
these reserves for both catastrophe and renourishment projects, and
these funds cannot be wasted on nonessential projects which are not
renourishment or catastrophe related.
CHAIRMAN HENNING: Okay. Thank you.
Commissioner Halas?
COMMISSIONER HALAS: Yes. You brought up a point on
coastal setback line, and I'm very -- I feel very strongly about that. So
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I guess that's one of my areas that -- why I didn't changed my mind on
this thing.
And any other items that come before me that have -- that try to
interfere with that coastal setback line, I'm going to take that same
stand. Thank you.
MS. HILLER: Thank you very much, Commissioner Henning --
I mean, commissioner Halas. If I may then, if that is your position,
could you put a motion on the table to take --
COMMISSIONER HALAS: There's already a motion.
MS. HILLER: Right. But once that one is hopefully lost, I hope,
if another -- if you have an opportunity to make another motion, if you
could make a motion to bring this project to a halt.
COMMISSIONER HALAS: I'm not going to make any motions.
MS. HILLER: All right.
COMMISSIONER HALAS: Okay. Thank you.
MS. HILLER: Thank you.
CHAIRMAN HENNING: You complete? Thank you.
Next speaker?
MS. FILSON: Kathleen Adams?
MS. ADAMS: Waive.
MS. FILSON: Bonnie Michaels?
CHAIRMAN HENNING: Then following Ms. Michaels?
MS. FILSON: Nicole Ryan?
CHAIRMAN HENNING: You know, at this point, it is after 12,
we have a majority here, I'm just thinking that it might be in the best
interest to vote on the motion at hand.
COMMISSIONER COLETTA: Wait just a minute till
Commissioner Fiala gets back.
CHAIRMAN HENNING: Okay. Ms. Michaels.
MS. MICHAELS: I will keep this brief. I live in Beachwalk and
I want to thank you all for listening to the community.
And what's been most concerning about this whole process is that
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it's been so staff driven and not community driven. The community
doesn't come and scream and yell for a snack bar and to change
everything.
And I just wanted to refer to the Growth Management Plan, the
local government's -- governance where it talks about the goal to
provide effective leadership from elected officials to establish the
vision and values that reflect the needs and desires of the community.
And I would hope in the future that the community could drive
projects instead of having it be the other way around. And again, I
thank you so much for listening to us.
MS. FILSON: Nicole Ryan?
CHAIRMAN HENNING: There's a motion and a second on the
floor.
All in favor of the motion, signify by saying --
COMMISSIONER COLETTA: No, no. I'm sorry. Restate the
motion, please.
CHAIRMAN HENNING: The motion is no pier and direct staff
to take beach facilities, essential beach facilities, which include snack
bars, restaurants, bathrooms --
COMMISSIONER FIALA: Showers.
CHAIRMAN HENNING: -- showers and so on, so forth, out to
the community throughout the whole community, and then bring that
back to the Board of Commissioners.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: And to continue to try and get more
access at Delnor-Wiggins. Was that on the -- that was on the motion
as well, right?
CHAIRMAN HENNING: Correct.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
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May 13, 2008
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: The reason I am opposed is
because I don't want to spend any more money on this thing. Let's just
use a gallon of paint and paint the rest rooms.
AUDIENCE: No.
CHAIRMAN HENNING: We heard that.
COMMISSIONER HALAS: Okay.
CHAIRMAN HENNING: Next speaker?
MS. FILSON: Nicole Ryan?
CHAIRMAN HENNING: And following?
MS. FILSON: She'll be followed by Joanna Vaught.
COMMISSIONER COYLE: I thought we voted on it.
CHAIRMAN HENNING: Yeah, we did, but the public has a
right to be heard. Ms. Vaught, did you want to speak or waive?
MS. VAUGHT: I want to speak.
CHAIRMAN HENNING: Okay.
MS. RYAN: Good afternoon, Commissioners. For the record,
Nicole Ryan, here on behalf of the Conservancy of Southwest Florida,
and I guess I will tailor my comments based on the motion made.
And the Conservancy certainly does appreciate your vote to
forego the pier at Vanderbilt Beach. We did have many concerns, ours
based on environmental incompatibilities and inconsistency with the
Growth Management Plan.
I would appreciate a point of clarification because the staff report
had mentioned working with Delnor- Wiggins State Park on a potential
pier in that location, and the conservancy would have environmental
concerns about a pier in that location also.
CHAIRMAN HENNING: That was a part of your --
COMMISSIONER FIALA: No, it was --
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May 13, 2008
CHAIRMAN HENNING: -- direction.
COMMISSIONER FIALA: -- more access at Delnor-Wiggins
Park.
CHAIRMAN HENNING: Yeah.
MS. RYAN: Okay. So no pier, and we appreciate that.
Just a comment about the increasing of carrying capacity at
Delnor- Wiggins. I think that we have to look very carefully at what
the carrying capacity is, why that was established, the purpose of
Delnor- Wiggins State Park, and the fact that just stacking bodies on
the beach doesn't necessarily mean a good beach experience, so we
have to make sure that there is the proper parking for that facility.
And we also have to make sure that the environmental resources
are protected. If, indeed, the carrying capacity is at that right magical
number for protection of the resources, we certainly wouldn't want the
county or the community to be advocating for something that could be
a negative impact. I don't know what that number is, but since I'm not
sure that anyone does right now, I just caution you on that.
And the Conservancy would like to take this opportunity to bring
up a very important point about impacts to native wildlife and listed
species from the pier that we do have in Collier County right now, the
Naples Pier.
The Conservancy is in a rather unique position to discuss these
issues because we are the ones on the receiving end of many of the
injured native wildlife, and we'd like to discuss that a little bit with
you because there's been a lot of talk about the impacts to especially
brown pelicans, and we think that the county could turn this around
and really make this something positive and proactive by helping the
city and a lot of the people that use that Naples Pier. Even though it's
within the city, they are county residents and they're also tourists to
Collier County.
So we would like for Collier County to do something proactive in
looking at additional education and enforcement on the Naples Pier to
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really make that a showplace.
And our manager of our wildlife rehabilitation center is going to
be speaking after me to speak a little bit about some of the things that
we see on a day-to-day basis.
So we would ask that you not forget about this issue of the
impacts to our current pier and really do something proactive in the
future. Thank you.
MS. FILSON: Joanne Vaught? She'll be followed by Earl
Harvey.
CHAIRMAN HENNING: Mr. Harvey, did want to speak?
MR. HARVEY: I'm going to waive today since the pier's a moot
point right now.
MS. FILSON: John Minard?
CHAIRMAN HENNING: Mr. Minard, you're going to waive.
You want to speak, okay.
MS. VAUGHT: Ready for me?
CHAIRMAN HENNING: Yes, please.
MS. VAUGHT: Thank you for your time. I'm new at this. I am
the manager at the Wildlife Rehab Center at the Conservancy, and I'm
here representing some of the wildlife that we deal with. I also have
some of my volunteers that work with us every day helping to take
care of the animals here as well in support of what I'm just going to
mention in terms of the Naples Pier and how I think the county could
be supportive in some of the things we're trying to do to improve the
conditions there.
CHAIRMAN HENNING: Okay. You have to state your name
in the record.
MS. VAUGHT: Oh, I'm sorry. Joanna Fitzgerald Vaught.
CHAIRMAN HENNING: The topic -- the Naples Pier is not a
part of the topic.
MS. VAUGHT: Okay.
CHAIRMAN HENNING: The pier has been voted on, and it's
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not a part of the direction of the Board of County Commissioners.
MS. VAUGHT: Okay.
CHAIRMAN HENNING: So do you have any direction about
essential facilities to the beach?
MS. VAUGHT: No, only that I was just pointed (sic) out that the
facilities at the Naples Pier are exactly what at Vanderbilt, so the
similar issue there. And I would think that just -- the Naples Pier gets
more traffic there, but that's about it.
CHAIRMAN HENNING: Okay. Thank you.
MS. VAUGHT: All right. Thank you.
MS. FILSON: John Minard. He'll be followed by Marcia
Cravens.
CHAIRMAN HENNING: Ms. Cravens, did you want to speak?
MS. CRAVENS: I do.
MS. FILSON: And then your final speaker is Daniel Byers.
MR. MINARD: John Minard, homeowner, east of Vanderbilt
Beach.
I think the only thing the public wants is access to the beach.
You've got your homeowners in the county, you've got your tourists,
and they can't get to the beach, because as you know, the end of
Vanderbilt Beach Road is crowded. It looks like Jones Beach or
Coney Island on the weekend. That's now, this time of year, the last
couple Sundays and Saturdays I've been going down there.
Delnor- Wiggins is full. I don't see how you can expect help from
there. They're backed up by 12 o'clock, street's backed up. They're
full. The beach there is also full, very full.
Being I can't do anything else but walk, I've been doing a lot of
walking the last couple of weeks. When I walk from Delnor- Wiggins
down to where your public beach is at Vanderbilt, it's 1.2 miles. And I
walked it Saturday and Sunday, last couple of weeks.
There's only about 150 yards right now of that beach being used.
When the Vanderbilt Inn re-opens, figure they'll use another 150
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yards. And I'm just talking about -- not -- excuse me. I didn't mean
all the way down to the public. I meant from where Delnor- Wiggins
is down to the Vanderbilt Beach Club from there on south there are
more.
But from the Vanderbilt Beach Club to the LaPlaya, there's
people -- nobody hardly at all in there. And from LaPlaya all the way
back to Delnor-Wiggins, there's nobody.
So actually you're only using about 15 percent of Vanderbilt
Beach. If you had some public access, whether it's off-area parking
somewheres -- I don't know where you're going to put it. That would
be up -- but that's what, I think, the public wants is beach access.
They don't need food. They can bring their own. All they want to do
is to be able to get in the water and lay on the sand and enjoy the
sunshine. I think everybody's happy without spending a tremendous
amount of money or upkeep.
MS. FILSON: Marcia Cravens?
(Applause.)
COMMISSIONER FIALA: Can I just say something on that, if
you don't mind?
CHAIRMAN HENNING: Yeah.
COMMISSIONER FIALA: Real quickly. You're absolutely
right, and that's what we've been trying to do.
We did Commissioner Halas a disservice a couple of years back.
He asked us not to vote for the sale of a couple of the properties right
there that continued to allow public access or public boating, and
instead developers bought that property up. We didn't stick with him
on that and we should have --
(Applause.)
COMMISSIONER FIALA: -- which eliminated all this. And
quite frankly, I don't think we should ever approve anybody building
anything and taking public access away again, to be honest with you.
MR. MINARD: Yeah, a couple places where they could get on a
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beach between LaPlaya and Vanderbilt Inn would be ideal, but you're
going to have to transport them in and out. There's just no way they
can get there. So you've got a lot of beach with nobody using it.
CHAIRMAN HENNING: Ms. Cravens, followed by?
MS. FILSON: Marcia Cravens will be followed by Daniel
Byers.
CHAIRMAN HENNING: Mr. Byers, did you want to speak?
MR. BYERS: Yes. I'll be brief.
CHAIRMAN HENNING: And you have a contract with the
county, right?
MR. BYERS: That's correct.
CHAIRMAN HENNING: Ms. Cravens.
MS. CRAVENS: Hi, Marcia Cravens from the Mangrove Action
Group.
The commissioners created this awesome document last year.
This is the 10-year strategic plan for fiscal years 2007 to 2016. Three
of these focus areas are actually pertinent to what's been happening
here today and what also has been happening in the community where
staff-driven projects that affect our neighborhoods and our national
resources have kind of been the rule.
The first focus is neighborhood preserve and enhancement with
the goal to preserve and enhance the safety, quality, value, and
character and heritage of our neighborhoods, community, and region.
The second one, focus is growth management with a goal to
responsibly manage the community growth and development and
redevelopment while enhancing the natural environmental.
Focus number six, local governance. The goal is, sustain public
trust and confidence in county government through sound public
policy decisions, expert professional management, and active citizen
participation.
A main plank for this achievement of this goal is to establish the
vision, mission, values, and strategic goals for the organization, being
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May 13,2008
the government, that reflects the needs, desires, and wants of the
community. I'm very happy to see that the commissioners appear to
have listened to their community today and have voted to not go ahead
with that pier.
I would like to make reference to a blog by Commissioner Halas
recently which he talked about his love of cooking, and he made an
appeal to the community for considering some alternatives if we, in
fact, did not want a pier within the stretch along Vanderbilt Beach
Drive in that area.
I would suggest that the commissioners made a nice show at the
last meeting ofpartnering with the City of Naples. We have a
fabulous pier in the City of Naples. It is used by many Collier County
residents. I believe that the Collier County Government could partner
with the City of Naples in enhancing the experience at Naples Pier.
You could help them with more parking access and better traffic flow
and enhance that experience for all for now and the future.
Thank you.
MS. FILSON: Your final speaker is Daniel Byers.
MR. BYERS: Good morning. My name is Daniel Byers. I own
Cabana Dan's. We are under contract with the Collier County Parks
Department to provide what we all consider to be essential services to
the guests that come to the beach.
We do currently offer water, sodas, Gatorades, fresh-squeezed
juices, crackers, chips, basic snack items. A lot of people that are here
are people that frequent our business and all think that we work hard,
you know, with the county to make sure what we do is
environmentally friendly and provide those essential services on a
daily basis.
I just want to make sure, as we look at essential services, that
what we provided for the county for the last 10 years is something that
is considered essential by you and by the people that come to the
beach.
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And just to shed some simple light, we've been a sounding board
for the pier project and the snack bar since it's been brought out to the
public. We're there on a daily basis. The people want more than a
paint of coat (sic) rest rooms, they do want it expanded. They want
the facility updated.
And as you said, I don't think the observation deck or something
of that nature would be out of the question if it's kept within a
reasonable size perimeter. People would be for that.
But we're happy to be there. We like providing the services that
we do, and I think by not having the snack bar, what we provide
would be considered the essential services.
We also keep menus for the local restaurants in the area, and
we've always tried to be sort of a concierge for Vanderbilt Beach.
People ask where to eat. We're not trying to take business away from
them. We tell them what's in the area and leave that choice up to
them.
So I think that not to do the pier is the right choice; expanding the
rest rooms and updating those would be a logical step in the right
direction.
CHAIRMAN HENNING: Okay.
MR. BYERS: Okay, thank you.
CHAIRMAN HENNING: Okay. The -- there's no further
direction. I think we can take a lunch break. Should we be back at
one, or should we take an hour lunch?
COMMISSIONER HALAS: Hour lunch.
CHAIRMAN HENNING: Hour lunch?
COMMISSIONER FIALA: Yeah. We need to do that.
CHAIRMAN HENNING: We'll be back 1:30?
COMMISSIONER FIALA: Yeah.
COMMISSIONER COLETTA: I've got about 20 students I'm
meeting.
(A luncheon recess was had.)
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May 13,2008
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
CHAIRMAN HENNING: Thank you. County Manager, where
we at in the agenda?
Item #6D
PUBLIC PETITION REQUEST BY AISLING SWIFT TO
DISCUSS PRIVACY BUFFER AT NEW HOPE MINISTRIES -
MOTION TO CONTINUE INDEFINITELY - APPROVED
MR. MUDD: Commissioner, this would bring us to advertised
public hearings. Before we go there, before we broke I got word that
public petition item 60, it's a public petition request by Ashling Swift
to discuss a privacy buffer at the New Hope Ministries. The
petitioner's asked to continue that item indefinitely. I just need to get
a board's vote that--
MS. FILSON: Which one?
MR. MUDD: -- that happened.
COMMISSIONER COYLE: Motion to continue.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion to continue 6D by
Commissioner Coyle, 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.)
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May 13,2008
CHAIRMAN HENNING: Commissioner Fiala wants a -- I'm
sorry. Commissioner Coyle -- Coletta wants a clarification on the
motion. His request is to hear 12A before 8A. Was that in your
motion, Commissioner, to approve the agenda?
COMMISSIONER COYLE: No, it was not.
COMMISSIONER COLETTA: I thought I made the motion.
CHAIRMAN HENNING: Well, it died.
COMMISSIONER COYLE: Yours died.
CHAIRMAN HENNING: Yeah. It didn't have a majority.
CHAIRMAN HENNING: It has two votes.
COMMISSIONER COYLE: It depends on where you're
standing. Okay. I mean, a simple request like that, I would have
granted without any kind of reservations for anyone of you.
CHAIRMAN HENNING: Well--
COMMISSIONER COYLE: Majority voted.
CHAIRMAN HENNING: Yeah. It was majority rule. I
apologize. We go to 8A.
Item #8A
ORDINANCE 2008-23: ADOPTING AN ORDINANCE
AMENDING THE COLLIER COUNTY CONSOLIDATED
IMPACT FEE ORDINANCE, WHICH IS CHAPTER 74 OF THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, BY
INCORPORATING THE DIRECTED CHANGES TO THE
CHARITABLE ORGANIZATION IMPACT FEE DEFERRAL
PROGRAM - ADOPTED W /CHANGES
MR. MUDD: This brings us to 8A, which is advertised public
hearings. This is a time certain item.
This item was continued from the April 22, 2008 BCC meeting.
It's a recommendation that the Board of County Commissioners
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May 13,2008
consider adopting an ordinance amending the Collier County
Consolidated Impact Fee Ordinance, which is chapter 74 of the Collier
County code of laws and ordinances, by incorporating the directed
changes to the charitable organization impact fee deferral program.
Ms. Amy Patterson, your manager for impact fees, will present.
MS. PATTERSON: Good afternoon. For the record--
COMMISSIONER COYLE: He got it right.
MR. MUDD: I'm not too sure yet.
MS. PATTERSON: For the record, Amy Patterson, impact fee
and economic development manager from community development.
COMMISSIONER FIALA: You were close, close.
MS. PATTERSON: I'm here today regarding the charitable
organization impact fee deferral program. This is the returning
ordinance based on the directed changes by the board on February 26,
2008. This was continued from the April 22nd board meeting.
I have a presentation that summarizes the changes that were
directed, or at the board's pleasure, I can answer questions. I don't
know how --
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Amy, with respect to the amount of
the impact fee waiver before the change -- and I think it's probably the
same now -- one applicant could get 50 percent of the total allocated
amount for waiver.
MS. PATTERSON: That was leftover language -- to clarify, that
was -- this program has gone through a series of changes over the
year, years, and at one point in time there was less money allocated to
the program, and the money was allowed to accumulate, and therefore,
an applicant could theoretically take 50 percent of the fund balance
and still be within the parameters of the program.
The program is now limited to $200,000 per fiscal year, and one
applicant may receive $100,000 as a maximum. So those are the two
guidelines that remain. We took -- the 50 percent no longer made
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sense based on those two guidelines. So those are the two things that
remain. The 50 percent is now gone.
COMMISSIONER COYLE: But the $100,000--
MS. PATTERSON: Remains.
COMMISSIONER COYLE: -- per applicant, which is 50
percent of the total amount?
MS. PATTERSON: Correct.
COMMISSIONER COYLE: But we can -- if we change the total
amount, it will still be limited by the $100,000 figure; is that correct?
MS. PATTERSON: Correct. Unless the board directed
otherwise.
COMMISSIONER COYLE: Do we have -- is it common for
someone to ask for that amount of deferral all at once?
MS. PATTERSON: It's becoming more--
COMMISSIONER COYLE: Or waiver.
MS. PATTERSON: It's becoming more common as the impact
fees get higher, and depending on the intensity of the land use that's
requesting the impact fee deferral.
The last applicant was Fun Time Academy, and they didn't
require a $100,000. I think they took about 75,000. We have Collier
Health Services which needed the full 100,000 because they're a
medical unit, and it's quite a high rate. So depending on the type of
organization would depend if they needed the full 100,000. But it's
been a fairly accurate number that we've been using.
COMMISSIONER COYLE: Okay. I have just a minor question
concerning the wording of the ordinance itself, and I need to direct
this to the county attorney.
Jeff, when we go to page 1 of -- or 3 of 3 or page 8 of 8,
whichever numbering system you like to use, at the top of the page,
the fourth sentence down from the top of the page it says, during the --
recipient of an impact fee deferral during the term of this deferral is
required to provide services to persons that are not legally residing in
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the United States due to a new state or federal mandate.
It would be clearer for me if we took the phrase "due to a new
state or federal mandate" and placed it after the word required. So it
would read, "is required due to a new state or federal mandate to
provide services to persons that are not legally residing in the United
States. "
MR. KLA TZKOW: Okay by me.
COMMISSIONER COYLE: Is that acceptable?
MR. KLA TZKOW: Sure.
COMMISSIONER COYLE: Does that make sense to you?
MR. KLATZKOW: Yeah, that's fine.
COMMISSIONER COYLE: And that's all I have.
CHAIRMAN HENNING: Commissioner Fiala, Commissioner
Coletta?
COMMISSIONER FIALA: Yes, thank you. I had one statement
and one question. The question is, if there -- required is a strong
word. If they choose to house them, however, they're not then eligible
for impact fee deferral; is that correct? I just want to put that on the
record.
MR. KLATZKOW: They'd be in breach then. This is when
they've already received their funding or their deferral. So after the
fact, they've received their deferral, some time passes. If there's a new
federal mandate that requires them to service everybody, they would
not be in breach of this agreement for their land; however, if they
chose to do so on their own, then they would.
COMMISSIONER FIALA: Okay. And my statement was, I
think that the reason we have -- we're trying to put some stringent laws
in place is, the more that we reach out and help illegals and the more
we give them, the more we're going to attract. And I read in the
newspaper recently that we attract more than any other county other
than Miami-Dade in the State of Florida, and that's because we keep
reaching out to them. And so we have to be -- we have to put some
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strict limitations in here; otherwise, it's going to cost our taxpayers an
awful lot to support that community.
COMMISSIONER COYLE: It already is costing them an awful
lot.
COMMISSIONER FIALA: Yes, it is.
CHAIRMAN HENNING: Commission Coletta?
COMMISSIONER COLETTA: Yeah. Now, listen, I want my
fellow commissioners to understand something. I'm opposed to illegal
immigrants. I think they should be controlled at border; however,
with that said, my concern goes a lot deeper. We have some
organizations that, on the periphery, service a very small number of
illegal aliens and they have to do it as part of their charter or laws of
federal or state government. Such organizations as Fun Time in
Naples.
Can we be assured that every single person going through there is
a legal alien? No, we can't. They're going to make a good faith effort
to try to keep it right, they're going to check the documentation to the
limits of their ability; however, if at some point in time they do find
that some of the documentation is false or something, whose fault is
it? Is it theirs or the person that gave it to them?
So I mean, there's some issues that come into play here. I think if
you would check, probably our subcontractors we have with the
county -- we've got a strong ordinance, and rightly so, that you will
hire only legal aliens or citizens of the United States if you're going to
do work for the county. Good ordinance. How do we know that these
people are really doing it? And most likely, I bet you there's
violations there along the way.
So we get down to, what's a good-faith effort? Rather than just
h~ve it where it has to be blind, one end to the other, I'd like us to be
able to open our minds a little bit and be able to say, okay, a
good-faith effort -- and give everybody the chance to be able to come
before this commission and see what they have to do.
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If they're servicing illegal aliens right across the board, so be it.
Why deal with them? But if they're not, let's go ahead and take a look
at it and make those decisions based upon what's happening at that
point in time. What are you going to do when the Abused Women's
Shelter comes forward and they tell you that maybe 1, 2 percent of
their clientele is illegal aliens, and they're actually prohibited by law
from discriminating against them. Are you going to make the other 98
percent of their clientele suffer because of it? Now, this is a concern
I've got. Now, if somebody can tell me how we can get around this,
I'm there with you.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. What law requires Fun
Time Nursery to provide service to illegal aliens?
COMMISSIONER COLETTA: When they were here before us,
they stated that they go through the documentation for everyone that's
there. We put that particular burden on them to be able to do it.
They don't have to provide it, but how do they know that
everyone that they're servicing is a legal alien? How do you know
that the children didn't come over illegally and maybe that one
member of the family that's taking them there is the legal person?
There's a lot of issues here other than just a blanket thing. What
we're going to do is we're going to drive away the nonprofits from
ever taking consideration of this particular adventure. And the whole
reason for this particular deferral, or waiver at one time, deferral now,
was to help the nonprofits grow their infrastructure to be able to meet
the need that's out there. So -- but I just want to be able to come up
with a way that we can take care of our citizens and the legal aliens
without causing a hardship upon everybody that we represent. That's
my concern. In other words, we're throwing out the baby with the
bath water on this one.
COMMISSIONER COYLE: But wait a minute. These
organizations exist now. They have been providing an excellent
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service to the community all along. Are you suggesting that because
we require them to use the money that we provide as a waiver of
impact fees that they're suddenly going to cease to exist and they're
going to collapse?
COMMISSIONER COLETTA: No, not at all. And,
Commissioner Coyle, you bring up a good point, but I also remind
you that when it comes to commissions, that I have an outreach to
nonprofits, we rank down there at the very end of the list, and that's
decisions that we've made over the years that's the way we go with it.
Do I think that we would be a total deterrent to them? No. But I
don't think we should be an obstacle for them to be able to achieve and
serve the public good. They're doing things that, in a lot of cases,
government does. They're providing food, clothing, shelter, medical
needs, to indigent people.
There's got to be a way to be able to do it so that we can find a
medium ground so that we can service our citizens and the legal aliens
and be able to exclude the nonlegal aliens. And I don't know how to
do that, but I'm just concerned about the vast majority of the people
that they service to fall within that criteria that we say we want them
to service.
COMMISSIONER COYLE: Well, I guess, you know, my
concern is with the legal residents of the United States.
COMMISSIONER COLETTA: Same here, Commissioner
Coyle.
COMMISSIONER COYLE: Okay. And I'm sure you do share
that concern.
And if we permit the taxes that are paid by our citizens to be used
to pay for services for people who are here illegally, we are not
performing our responsibility vis-a-vis our citizens. I don't know of a
single citizen, at least I haven't come to -- I've not talked with one who
says, yes, please, I want to use some of my money, some of my tax
money, to support illegal aliens in Collier County. I haven't
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encountered any person who wants to do that, and I think we have a
legal obligation.
These organizations have a moral obligation. If they're going to
take our money, they have a moral obligation to make sure that our
taxpayer money does not go to support an illegal alien population.
There are organizations in Collier County that promote the support of
illegal aliens. Okay? They encourage illegal immigration, and they
nurture and provide for those people who are here illegally.
Those people exist in Collier County. Those organizations exist
in Collier County. And I would suggest if they take that position they
fund themselves, not with the tax money that we allocate. So that's my
concern.
If they feel they have a moral obligation to do that, then that's
their decision to make within the framework of federal laws and their
funding resources. But when they come to Collier County
Government to ask for funding assistance, I think we've got to be
careful that we don't provide our taxpayers' money to support an
illegal alien community.
And Commissioner Fiala's absolutely right, it is probably the
payments and incentives that we provide that encourages illegal
immigration more than any other thing.
COMMISSIONER COLETTA: You're missing my point, sir.
And if! may, you're absolutely correct. If you want to be able to be
opposed to illegal immigration, who's going to be opposed to -- I
mean, in favor of illegal immigration. Possibly some of the growers
that are less scrupulous or maybe organizations out there that have
used this as their basis for existence.
And, you know, that's their choice. And should we fund them?
Absolutely not. But how do we make provisions to be able to care for
our citizens and everything in this matrix? How do we take care of
the Abused Women's Shelter, the Fun Time Nursery? What kind of
language can we come up with that will give some assurance that
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those that are within that framework of what we all agree that they
should be, that they'll be able to go forward. And if they have an
incidental, what do you want to call it, taking of an illegal alien in
their midst where they end up in there, that it would be something that
we could accept. It was like 1 percent or some small number, and
they're making every effort to try to hold the line on it.
There's got to be some way to be able to provide for the rest of
our citizens. I'm just worried about the infrastructure that won't be
there in the future.
And we've been -- and have not been the most user-friendly
government for business for nonprofits, and this would be a way to be
able to do it. And I'm asking you, how do we do it? I don't know.
Rather than just say -- put the ax down and say, this is the end of the
whole thing, we're not going to be able to deal with it -- I can't think of
an organization that -- if you really wanted to dissect this and to look
at it really hard, I don't think there's an organization, the way this is
worded now, that would be able to qualify. I don't know. I just don't
see it.
COMMISSIONER COYLE: Just briefly though. I think there
are two points that need to be recognized. One, if we did nothing with
this program, none of those organizations would suffer. Ifwe gave
them no money and no waivers at all of impact fees, these
organizations would not suffer. They would not cease to exist.
They -- Fun Time Nursery has been doing a good job for years
and years and years with limited support. So has the abuse -- the
Shelter for Abused Women. They do a wonderful job. We are very
fortunate to live in a community where there are people who
contribute to charities. It's -- just wonderful people here who do that.
If we did nothing, these organizations would continue to exist.
Admittedly, a waiver to an impact fee will help someone, but it
will not cause them to cease existence. They will still be able to do
their work.
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The other thing is that what we're requiring is that they
essentially retain proof that the people they're helping have -- or are in
this country legally. That's not too much to ask anybody. We ask our
employers to do it, we ask our Supervisor of Elections to do that. We
ask almost all the governmental agencies to do that. You don't get a
driver's license in Collier County unless you can prove you're entitled
to it when you're living here legally. So I don't see the problem.
If someone goes into this -- one of these organizations and they're
served by this organization, the organization gathers information
which demonstrates that they are here legally. Ifit turns out that that
document is forged, in my opinion, we don't punish the organization.
They did their job. They got information that says, this person is, in
fact, legal.
COMMISSIONER COLETTA: That's called good-faith effort.
COMMISSIONER COYLE: Well, no, it's tighter than that. It's
-- you have to have documentation, acceptable document on file, just
like the Supervisor of Elections requires acceptable documentation to
register to vote and get a voter's card.
So if these people do what they're supposed to do and they're
being asked to do, they're not going to have any problem.
COMMISSIONER COLETTA: Why don't we -- we'll go to the
speakers in a little bit. I don't want to drag this out forever. I
appreciate the indulgence of this commission in listening to me. I am
concerned that we do very little. And you're right, we are very
fortunate that we live in Collier County where we've got such a giving
number of people; however, on the other side, you know, it would be
great if the commission would extend a helping hand in some ways to
be less obstruction as to the effort that they're doing. In any --
CHAIRMAN HENNING: Can I make a suggestion?
COMMISSIONER COLETTA: -- case, I don't want to drag it
out. Thank you for your time.
CHAIRMAN HENNING: Can I make a suggestion?
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May 13,2008
COMMISSIONER COLETTA: Yes.
CHAIRMAN HENNING: If you don't like the ordinance, why
don't you make a motion with changes and let's see if you get a
second.
COMMISSIONER COLETTA: I'll be honest with you, I don't
see getting a second. I would rather see if there's some middle
grounds that one of my other commissioners might embrace, and .1
haven't seen that.
CHAIRMAN HENNING: All right.
COMMISSIONER COLETT A: We might want to go to the
speakers. I just don't want to drag it out. I'm not here to make life
miserable for everybody on this board.
CHAIRMAN HENNING: Ms. Filson?
MS. FILSON: Mr. Chairman, I have two speakers. Marci
Sanders. She'll be followed by Peter Manion.
MS. SANDERS: Thank you very much. I'm Marci Sanders, and
I'm director of operations for the Shelter for Abused Women and
Children. We currently have four houses under construction. They're
affordable housing. They will be used for our women as they leave
the shelter and as they go into a transition period so they can return to
full society as productive members.
We have applied for a deferral on our impact fees. The impact
fees are about $68,000. According to this new statute, we would not
be considered. We would not qualify because we are mandated by
law, both federal and state, to serve all victims of domestic violence
regardless of their citizenship or their immigration status.
COMMISSIONER FIALA: Oh, then you would be eligible
because it says required.
MS. SANDERS: No. It says new state or federal, and the way I
understand it, that new word was put in there specifically so that
anyone who is currently mandated would not qualify. It was only if a
new statute or a new mandate came down the road that you would
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qualify. Am I incorrect in that?
MR. KLATZKOW: No, you're not. That's correct.
COMMISSIONER COLETTA: We could make an exception for
you.
CHAIRMAN HENNING: Wait a minute. Ifwe can get through
her presentation, what she has to say, and if there's questions by the
board, it would be fair to the speaker.
MS. SANDERS: Thank you.
CHAIRMAN HENNING: Please.
MS. SANDERS: According to the way this is written now, we
would not qualify for a deferral. Now, you've already taken away the
water and sewer part for the deferral, so now we're probably down to,
I don't know, maybe a $30,000 deferral. Yes, that's not a lot of money
and, yes, that's not going to change the way we operate because we
believe strongly in the way we operate.
I think it's much more, as Commissioner Coletta states, it's an
indication that the county supports your nonprofits who are doing
services that in other counties are supported by the county, in all other
counties in this state other than this county. They receive county
support, and some of them are actually run by the counties, as they are
in Miami.
I'm speaking just for the shelter. I know there are other
nonprofits here who feel the same way that I do. It is not a lot of
money. It's $200,000 a year total, and I'm sure in all the debates and
all the committees and all the staff you've had working on this for the
past months, you've probably spent more than $200,000 now.
So we're not talking a lot of money. [agree it is an indication of
how you feel about the nonprofits in your community. And I just
want you to keep in mind that if you pass it this way, you are saying to
the shelter, who's been here since 1986 and an exceptional member of
the community, that we do not qualify for a little bit of money from
the county, that we are not doing what we need to do when, in fact, we
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are doing exactly what we need to do.
CHAIRMAN HENNING: Now, if you don't mind, if you would
stay up there, I'm sure some of the commissioners have questions or
comment. Commissioner Coletta, then Commissioner Coyle. Thank
you.
COMMISSIONER COLETTA: Me first, right?
CHAIRMAN HENNING: Yes.
COMMISSIONER COLETTA: Okay, thank you.
Well, listen, there's got to be some middle grounds, and I'd be
willing to listen to a motion that would approve what we have before
us and make an exception for the Abused Women's Shelter and Fun
Time Nursery. That's pretty simple.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Okay. I'm very sorry. I just got a
telephone call message and it was being whispered in my ear.
Would you please go over with me once more the federal
regulations that require you to provide services to people who are not
living here legally.
MS. SANDERS: Yes. It is the Violence Against Women's Act,
VAWA, V-A-W-A. It's a federal law. It was passed a number of
years ago, and it requires -- I can read from the law, if you like. It
states, federal law prohibits service providers from discriminating on
the basis of national origin and requires them to provide services
without regard to immigration status when necessary to protect the life
and safety of a victim of domestic violence.
And in the State of Florida, victims of domestic violence are
considered victims of crime, and the state law reads that victims of
crime must have access to the courts, to police protection, and to all
other services, regardless of their immigration status. So those are the
two laws that I'm referring to.
COMMISSIONER COYLE: Okay. Now, do you do anything
about notifying immigration service about the illegal immigrants that
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you are providing support for?
MS. SANDERS: No, we do not, and we do not because it states,
nonprofit charitable organizations have no legal obligation to inquire
about the immigration status of persons who seek their services, nor
do they have a legal obligation to report this information to the
Immigration and Naturalization Services.
COMMISSIONER COYLE: Okay. And I would -- I strongly
agree with the intent of that language, and as long as you spend your
own private money doing that, I think it's a wonderful thing to do. I
would not support providing any government funds for those
purposes.
MS. SANDERS: We do receive federal funds and state funds.
COMMISSIONER COYLE: That's fine, and I hope you
continue to get them. But I would not -- and let me be more specific
about this. This is a federal unfunded mandate on Collier County that
I am unwilling to accept. If our federal government cannot perform its
duties with respect to protecting our borders and enforcing our
immigration laws, I am not inclined to spend local taxpayer money to
cover up for that deficiency.
And while I think you do a wonderful job and I hope you
continue doing it for all of the people you serve, I would hope that you
can do it without funding from Collier County Government.
MS. SANDERS: How do you justify the county money being
spent on schools and county health services for non --
COMMISSIONER COYLE: I do not approve any money for
Collier County schools, and if I had the authority to do so, I would cut
out the $45 million that is spent every year to teach children who do
not speak English. I would not fund that if I had the authority to do
so.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COYLE: One of the requirements of being a
citizen of this nation is that you speak English.
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May 13, 2008
COMMISSIONER COLETTA: Thank you for being here today.
If I may -- I'm sorry. Did I jump in front of someone?
CHAIRMAN HENNING: No. I think Commissioner Coyle is
complete. Thank you.
COMMISSIONER COYLE: I'm complete.
COMMISSIONER COLETTA: I take it that there's no way that
you would even have the slightest idea of what percentage of your
clientele would be considered illegal aliens.
MS. SANDERS: No, I don't. We don't ask that question,
number one.
COMMISSIONER COLETTA: Okay.
MS. SANDERS: And number two, even if! did, I cannot
disclose any information about our clients since it is all confidential by
state statute, and I cannot disclose any kind of identifying information
about our clients. I can say that this will hurt documented citizens
more than it will hurt undocumented citizens.
COMMISSIONER COLETTA: That's what I was trying to get
to. That was the question I had.
MS. SANDERS: Yes.
COMMISSIONER COLETTA: But if you don't know what
statistics you've got, it's kind of hard to --
MS. SANDERS: I can tell you that people are not coming into
this country to seek our services or to become victims of domestic
violence.
COMMISSIONER COLETTA: Okay. If you couldn't provide
the service to these people that are suffering from domestic violence,
who would provide that service?
MS. SANDERS: Ifwe did not?
COMMISSIONER COLETTA: Yes. If you couldn't, what
agency would be able to provide it?
MS. SANDERS: The Sheriffs Department would have to decide
what to do with them. I don't know where they would take them.
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They would take them somewhere out of this county.
CHAIRMAN HENNING: Okay. Should we go to the next
speaker?
MS. SANDERS: Thank you.
MS. FILSON: The next speaker is Peter Manion.
COMMISSIONER COLETTA: May I make a comment while
he's on the way up?
CHAIRMAN HENNING: Um--
COMMISSIONER COLETTA: I'll wait.
MR. MANION: Good afternoon, Chairman Henning,
Commissioners. My name is Peter Manion. I serve as co-chair of Fun
Time Early Childhood Academy in River Park.
Relative to the mandate on serving illegal or not legal, that does
not apply to us. We have no federal mandate to do that. So as we
indicated when we came before this board last year, we go through
every effort to determine the legality of our children. Of course, I
would say 100 percent of them were born in the United States which
makes them legal whether they -- how they got here is not the case.
But we make certainly a good-faith effort to ensure that they are legal.
But the -- what I wanted to express this afternoon is the
importance of this whole program to us. On September 21 st -- 25th
last year, the board approved our request for deferral of impact fees
for our new building project, and in November you approved a CDBG
block grant request to help fund the site work of our program. And as
we speak, we're pushing dirt at our site.
The cumulative value of these two programs amounted to
$329,000, an amount that was matched by the NCF or the wine
festival, which gave us a tremendous boost on our whole program to
get this well-needed facility up and running.
It allowed us to move forward with our construction to this
desperately needed facility which has served underprivileged children
for the last 45 years in our community.
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On behalf of the board staff, and most of all our children, I want
to thank you for that action, and I would also like to express our
interest in your approval of this -- of this program as it continues to
allow the other communities or the other charities in our community to
take advantage of serving children and serving our community.
Thank you very much.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Mr. Manion, just a question.
And I can appreciate the fact that the children are all documented
legal, as far as you know they are.
MR. MANION: As far as we know.
COMMISSIONER COLETTA: Yeah. And I mean, it's a
good-faith effort, and I appreciate that.
MR. MANION: Thank you, sir.
COMMISSIONER COLETTA: However, with that said, the
parents of these children, are they also documented?
MR. MANION: That's something that we really don't know
because we don't serve the parents.
COMMISSIONER COLETTA: And that's fine. And I don't
want you to do it. And believe me, I'll always support your
organization, any way we can come up with -- if there's ever going to
be funds available through this commission and your organization
comes forward, if those funds are available, I'll support it.
MR. MANION: Yes, sir.
COMMISSIONER COLETTA: However, I'm trying to make a
point. In order for the parents to be able to do whatever they're doing
out there, work or whatever, they have to find a place to be able to put
their children.
So indirectly, this would be also supporting the illegal effort if
you wanted to go by some people's definitions. And I don't mean to
put you in a pickle, because I'm going to support you from one end to
the other. At the end of the day, if we have to write it into this
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ordinance that the Abused Women's Shelter and the Fun Time Nursery
be exempt, then I'd like to see that, but we haven't got to that point yet.
. MR. MANION: Well, to the extent of the approval, I hope we
are by that because we were approved last year. And, of course, we
move forward on the basis of having those funds.
COMMISSIONER COLETTA: As far as I'm concerned you are.
MR. MANION: Okay. Because I didn't want to open that issue
up by coming before you today. I just wanted to indicate the
importance to Fun Time of the actions that were taken by this board.
But relative to your question, it's something that we really don't
look at because they are not -- the children -- or they're not the people
that we serve. We serve the children. And so we've got enough
problems with recordkeepingjust to keep track of the children, and we
do verify social security numbers. They have to be registered, and
that's what we use as our basis.
COMMISSIONER COLETTA: I'd like to make a motion.
CHAIRMAN HENNING: Sure.
COMMISSIONER COYLE: Was that all the speakers?
COMMISSIONER COLETTA: I'm sorry. I thought you had
just two speakers.
MS. FILSON: I did, sir. She's your final speaker.
CHAIRMAN HENNlNG: We had two speakers. Did you want
to make a motion?
COMMISSIONER COLETTA: Yes, sir, I do.
MR. MANION: Thank you.
CHAIRMAN HENNING: Okay. Please do.
COMMISSIONER COLETTA: I'd like to make a motion for
approval of this ordinance as written but with the insertion of the fact
that the exception will be made for the Abused Women's Shelter and
Fun Time Nursery.
COMMISSIONER FIALA: Okay. I'll second the motion.
CHAIRMAN HENNING: There's a motion and a second on the
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floor.
Mr. Klatzkow?
MR. KLA TZKOW: What I will say is that if you start creating
certain exceptions to this ordinance for certain entities, you are
subjecting this ordinance to an attack that it's unconstitutional for
equal protection grounds.
COMMISSIONER FIALA: Okay. Pull my second.
CHAIRMAN HENNING: Okay. The motion dies for lack of
second.
Any further discussion, Commissioner?
COMMISSIONER FIALA: Yes. We hear so often about the
county not supporting non- for-profits. We hear that all the time, not
only from the not-for-profits, but from their volunteers over and over
again, and that's something that was done back in the '90s. We've
stuck with it.
But I think if we hear it enough, maybe they would like to go to
the citizens and get a petition form to put it on a referendum and see if
the Collier County citizens would like to support the not-for-profits
with a tax, maybe a half-a-mill tax or quarter-mill tax or something. I
mean, as long as everybody's saying that that's what the community
wants, let the community say, yes, we want to tax ourselves to do it,
then they have a funding source that goes in there all the time.
CHAIRMAN HENNING: That's a great statement, and I agree
with it. But what would you like to do with this resolution? Is there a
motion?
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN HENNING: Motion to approve the resolution by
Commissioner Fiala. Second by --
COMMISSIONER COYLE: As it is currently written?
COMMISSIONER FIALA: Yes, sir.
COMMISSIONER COYLE: I'll second it.
MR. MUDD: You modified it.
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May 13,2008
COMMISSIONER COYLE: I just modified that one sentence.
MR. MUDD: Yeah, one sentence on page 3 of3.
COMMISSIONER COYLE: Didn't change the intent of
anything. It just --
MR. KLATZKOW: It's a motion to approve the ordinance with
Commissioner Coyle's changes.
COMMISSIONER FIALA: Okay. I want to approve the
ordinance with Commissioner Coyle's changes and approved by the
county attorney.
CHAIRMAN HENNING: Okay. We have a motion and a
second on the floor.
Discussion on the motion?
Well, go ahead, Commissioner. This is your item.
COMMISSIONER COLETTA: You're right, it is, and I
appreciate it, but I don't want to take ownership of it, because really it
isn't my item, not the way it's written. I just thank you for bearing
with me and giving me a fair chance to talk today and to listening to
the speakers.
CHAIRMAN HENNING: Any further discussion on the
motion?
(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.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER COLETTA: Yes.
CHAIRMAN HENNING: Motion carries, 4-1.
Now we're going to go to the public hearings section, and it will
be 8B.
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Item #8B
ORDIANANCE 2008-24: PUDZ-A-2007-AR-II723: AMY
TURNER AND/OR TAMMY TURNER KIPP, REPRESENTED BY
D. WAYNE ARNOLD, AICP, Q. GRADY MINOR AND
ASSOCIATES, P.A., AND RICHARD D. YOVANOVICH OF
GOODLETTE, COLEMAN, JOHNSON, YOV ANOVICH &
KOESTER, P.A., REQUEST A REZONE FROM PLANNED UNIT
DEVELOPMENT (PUD) TO COMMUNITY FACILITY
PLANNED UNIT DEVELOPMENT (CFPUD) FOR THE
VANDERBILT TRUST 1989 PUD, TO ALLOW DEVELOPMENT
OF A MAXIMUM OF 200 ASSISTED LIVING, CONTINUING
CARE RETIREMENT COMMUNITY, NURSING HOME,
RETIREMENT COMMUNITY AND/OR INDEPENDENT LIVING
FACILITY UNITS FOR PERSONS OVER THE AGE OF 55, TO
BE DEVELOPED AT A 0.6 FLOOR AREA RATIO. THE
SUBJECT 7.8 ACRE PROPERTY IS LOCATED ON THE NORTH
SIDE OF V ANDERBIL T BEACH ROAD (CR 862), .
APPROXIMATELY 1/4 MILE EAST OF LIVINGSTON ROAD
(CR 881) IN SECTION 31, TOWNSHIP 48 SOUTH, AND RANGE
26 EAST, COLLIER COUNTY, FLORIDA - ADOPTED
W/STIPULATIONS & CCPC RECOMMENDATIONS
MR. MUDD: This item was continued from the April 8, 2008
BCC meeting. This item requires that all participants be sworn in and
ex parte disclosure be provided by commission members.
It's PUDZ-A-2007-AR-II723, Amy Turner and/or Tammy
Turner, Kipp, represented by D. Wayne Arnold, AICP, ofQ. Grady
Minor & Associates P.A., and Richard D. Yovanovich of Goodlette,
Coleman & Johnson, Yovanovich & Koester P.A., requests a rezone
from planned unit development to community facility planned unit
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May 13,2008
development for the Vanderbilt Trust 1989 PUD to allow development
of a maximum of 200 assisted living, continuing care, retirement
community, nursing home, retirement community, and/or independent
living facility units for persons over the age of 55. To be developed at
a .6 floor area ratio.
The subject 7.8-acre property is located on the north side of
Vanderbilt Beach Road, County Road 862, approximately a
quarter-mile east of Uvingston Road, which is County Road 881, in
Section 31, Township 48 south, and Range 26 east, Collier County,
Florida.
CHAIRMAN HENNING: All wishing to participate at this time,
please rise to be sworn in by the court reporter.
Kathleen, do you want to stand, please.
(The speakers were duly sworn and responded in the affirmative.)
CHAIRMAN HENNING: Ex parte communication.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Sorry I wasn't quite ready.
Give me just a second.
CHAIRMAN HENNING: You want to go to Commissioner
Coyle and we'll work this way?
COMMISSIONER COLETTA: Yes, would you please. I'd
appreciate it.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yes, Mr. Chairman. I do have ex
parte communications. I have met with the petitioner and petitioner's
agents on two occasions. I have also received correspondence, emails,
and telephone calls, and the information is contained in my public
folder that is available for inspection by anyone who wishes to see it.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. I had meetings, emails, and
calls, and I also met with the petitioner on this particular item just a
couple of days ago and other people that were associated with this
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project.
CHAIRMAN HENNING: Thank you. I spoke to the owner and
also several residents or constituents in Village Walk. That's it.
Commissioner?
COMMISSIONER FIALA: I've had meetings, correspondence,
emails, calls, and I've met with just about everybody that was standing
in this front area here, and I've spoken with staff.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Meetings, correspondence,
and emails, and just like Commissioner Fiala, met with just about
everybody you see there, and staff.
CHAIRMAN HENNING: Okay. Mr. Yovanovich, before you
get started, Commissioners, Paul Ferrer (phonetic) sent you an email
stating that the Village Walk Homeowners Association is really
appreciative of the owners, Mr. Y ovanovich, for including the
residents in the design of this and, in fact, they changed it. And not
only were they pleased with the other one, they are elated with the
new changes.
So if there's no objection, I'd like to make a motion to approve.
COMMISSIONER FIALA: I'll second the motion.
COMMISSIONER COYLE: Could we --
CHAIRMAN HENNING: Commissioner?
COMMISSIONER COYLE: -- at least listen to a brief statement
by the commissioner before you do that?
COMMISSIONER FIALA: Do we have to? Sorry. Just being
silly. Excuse me.
CHAIRMAN HENNING: Then Commissioner Halas.
COMMISSIONER COYLE: Or would you just like me to make
MR. YOV ANOVICH: No, I'll go ahead, if you want me to.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I think that the motion ought to be
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that -- along where the recommendations by the Collier County
Planning Commission also --
CHAIRMAN HENNING: Yeah, and I--
COMMISSIONER HALAS: -- in the motion. And I think if
you're going to make a motion, I think that should be all included.
CHAIRMAN HENNING: Well, it doesn't have to be,
Commissioner. It is my motion. But I agree. I don't think the owner
has any problems with the stipulations by the Planning Commission?
MR. YOV ANOVICH: There are a couple of things that I just
need to clarify for the record, so that will cut down on my time real
quickly, if! can.
One, when we met with Commissioner Coyle, he asked us how
many parking spaces we had on site and how many units that would
accommodate. His concern was, we were showing him a footprint and
a site plan, and wanted us to commit to what that footprint and site
plan would accommodate regarding number of units without having to
change the lot coverage.
We have 188 parking spaces on site. That would accommodate
up to 175 independent living units versus the 200 that we're
requesting. We would have to modify the site plan to actually get to
the 200.
So we committed since -- that we would limit our request to 175
independent living units. It would be 200 assisted because the parking
requirements are less for assisted living.
So I wanted to clarify that on the record. So we would be down
to 175 independent living units. We also -- and we've gone to --
COMMISSIONER FIALA: How many parking spaces?
MR. YOV ANOVICH: We have 188 on site, which we need 13
for the clubhouse and the other -- and we need one per unit for the
independent. So it would not allow more than 175 independent living
units.
We also met with the representatives ofWCI, and they requested
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that we provide some additional landscaping along their -- as you look
on the visualizer, you'll see here's WCI's golf course. They wanted
some additional plantings along this boundary right here, so we've
come up with some language that addresses their concerns, and we've
run it by your staff, and basically we're going to plant an additional 15
trees, and that's what that language says.
And we just need to clarify that we, the developer, will plant
those trees, and we'll do that prior to the CO of that building. We'd
plant them sooner, but they want them up close to the building, so you
can't plant them before the building is actually completed.
There was also -- we have dining facilities, and there was a
question of whether or not we could serve alcohol with the meals. We
wanted to clarify in the PUD that, yes, we could serve alcohol with the
meals, and I don't think that was an issue for anybody. So we would
make one other change to the permitted uses section, and we would
basically add after resident dining, we'd put in parentheses, including
private restaurant/lounge and/or cafeteria, and under the code, that that
makes that clear that we could serve alcohol with the meals.
Previously we just had resident dining, so there was some ambiguity
there. So we've run that by your staff.
We also agreed, instead of four stories over parking, to reduce it
to three stories over parking, so we would make that change to the
table. And then finally, as your staff report indicated, there's a
question of how you really classify these units. Are they residential or
are they commercial?
To be safe, we would need to request a deviation for constructing
a wall on our north and east boundary because those could be
considered residential uses adjacent to commercial.
So we've shown everybody all along that there was not a wall
along the golf course or along -- or along the eastern boundary. As
you can see on the eastern boundary, that's where we have all of our
preserve. So we would need to add a deviation into the PUD=
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document for the wall. But that's already been addressed in your
executive summary.
With those clarifications -- I think I got them all, right? Those
are the clarifications we just needed to get on the record. And with
that, hopefully we can move on with --
CHAIRMAN HENNING: Right. Let me go back to
Commissioner Halas.
COMMISSIONER HALAS: Yeah. Was the wall also brought
up with the -- at Planning Commission, the deviation of the wall?
MR. YOV ANOVICH: I'm sorry?
COMMISSIONER HALAS: Was the wall brought up as a
deviation to the Planning Commission?
MR. YOV ANOVICH: We had explained to the Planning
Commission what the landscape buffer was, and we never -- and we
showed there was never a wall in it. It was after the Planning
Commission that the question became, are we a residential use or are
we -- or are we a commercial use?
And as you'll recall, we've been treated as residential internally
because staff said we had to get a deviation from our, quote,
commercial use, which was the clubhouse. So for our own clubhouse
we were treated as residential, the buildings, but externally they are
saying, well, maybe we're commercial. And I could see that for a
nursing home or an assisted living facility. But for an independent
living facility, I think that's closer to residential.
COMMISSIONER HALAS: What was discussed at the Planning
Commission?
MR. YOV ANOVICH: We discussed there would be no wall
within the buffer --
COMMISSIONER HALAS: And they went along with this?
MR. YOV ANOVICH: Yes, yes.
COMMISSIONER HALAS: They did go along with it?
MR. YOV ANOVICH: Yes. The landscape buffer's never had a
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wall in it, and that's part of the submittal.
MR. KLATZKOW: Rich, you told the Planning Commissioner
there would be no wall?
MR. YOV ANOVICH: Yes, our buffer exhibit.
MR. KLATZKOW: No, no. But you told the Planning
Commission there was going to be a deviation; there would be no
wall?
MR. YOV ANOVICH: We didn't know we needed a deviation
because we always considered ourselves residential to residential. It
came up after the Planning Commission, on March 7th. We had the
Planning Commission on March 6th.
MR. KLATZKOW: So you didn't tell the Planning Commission
that you weren't going to put up a wall?
MR. YOV ANOVICH: We described to them the buffer and that
it did not include a wall. We didn't say, that's a deviation from the
code.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, a couple things. One of them --
and we talked about this in my -- in my office the other day about 60
feet height, and the one corner that's sticking out closest to the
neighbors, and I just wanted to put on the record that we discussed, I
didn't want those people on that end looking down into the bedrooms
of the people on the other side, but then I was told that the windows
would be on the side of the building, not on the back looking into
people's homes.
MR. YOV ANOVICH: Correct.
COMMISSIONER FIALA: And so I wanted to put that on the
record. Also, one of the things that concerned me at the time was the
distance, the setback from the front. It says 50 feet here, and I said, 62
feet, 50 feet from the road is just way too tall, but you said that it was
going to be more than a 100 feet from the road; is that correct?
MR. YOV ANOVICH: Yeah. If you look at the exhibit that's
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part ofthe PUD master plan, that's about 100 feet.
COMMISSIONER FIALA: Okay, fine. I just want to put that
on the record. But what we didn't discuss was how many parking
spaces. And when you just said there's 188 parking spaces and that
includes for everything else besides just the living quarters and there's
175 dwelling units and they're independent living dwelling units, that's
all you have is 188 spots in the whole place?
MR. YOV ANOVICH: Your code requirement is one parking
space per dwelling unit. That's -- we're not asking for a deviation
from your code for the units. That's -- we're sticking with the one per
code. The deviation really applies to the clubhouse.
COMMISSIONER FIALA: And the one per unit is because it's
considered independent living versus -- if it was a condominium you'd
have one and a half.
MR. YOV ANOVICH: Right. The real-world experience that
independent living facilities have is that there's usually. 7 cars per unit.
So the difference really serves for your staff and visitor parking.
These are independent units. They're not your typical condominium.
They're people who you -- a lot don't have cars at all. So the average
is seven-tenths of a car.
COMMISSIONER FIALA: Is that in an assisted living --
MR. YOV ANOVICH: No, independent.
COMMISSIONER FIALA: -- that they don't have cars?
MR. YOV ANOVICH: That's in independent.
COMMISSIONER FIALA: Independent--
MR. YOV ANOVICH: Assisted is even less. Assisted is -- your
code requires --
COMMISSIONER FIALA: What you said, they don't have cars.
Is that in assisted living facility where they don't have cars or
independent living?
MR. YOV ANOVICH: No, no. In independent you have some
that don't have cars, and that's why you have less than one car per unit
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typically utilizing the unit. And your code even has a lesser
requirement for assisted living facilities.
COMMISSIONER FIALA: Could I ask staff if that's been their
experience with independent living? Because it looks like we're
getting a lot of independent living facilities coming before us, and
they -- sometimes I wonder if they're maybe disguised as something
else. I hate to use that word, but that's what I'm going to use anyway,
and really, they need more parking, because it serves the residents
well to have enough parking for them. And I just -- and I'm sure that
you're doing independent living here, but I'm just wondering if that's
really enough parking for the 157 dwelling units.
MR. YOV ANOVICH: And keep in mind we're required to have
group transportation, and we arrange transportation for others to go to
and from doctors' appointments like that. So the need for vehicles is
greatly reduced when you're living in an independent facility versus
your standard form of condominium.
COMMISSIONER FIALA: Okay. Staff is going to just come up
and tell me that as well.
MS. ISTENES: Hi, good afternoon. Susan Istenes. I'm zoning
director. I apologize. I was talking to Wayne trying to get some
clarification.
Let me just tell you what the code says with respect to the
differences between independent, assisted, and nursing, and my
understanding is this PUD could incorporate all of the above.
The code requires, for independent living, one space per unit, for
assisted living it's .75 spaces per units, and for nursing it's two spaces
for every five beds.
So in this case, Wayne tells me this is 100 percent independent,
so the parking would be one space per unit per our code for
independent living.
My experience with similar projects is related to one that's now
in the City of Naples but was, at the time of amendment, in Collier
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County, and my understanding is, they got a significant reduction in
parking and ended up with some serious parking problems, but that's --
I don't have anything factual other than that, and that's basically what I
was told. And they had quite a bit of staff and a lot of variety of uses
on the site, and that ended up to be a parking problem.
COMMISSIONER FIALA: Thank you very much.
I was concerned with staff on site also to operate the facilities,
whether it be doing the maintenance or the clubhouse or whatever, or
the restaurants or whatever you have to man. Are there enough
parking spaces for employees to come and go?
MR. YOV ANOVICH: Is that for me or for Susan?
COMMISSIONER FIALA: Well, Susan, do you feel that there
are enough?
MS. ISTENES: I don't -- I apologize. I haven't looked at the
detail in this site plan other than to just get the numbers. And I know
they have a clubhouse on there, and I assume that's where their on-site
dining is going to be. So they are going to need some parking for staff
there. They do also have a reduction, I believe, for your clubhouse,
correct, 13 spaces versus 26, I believe, was required, more or less.
So there's a reduction also for the clubhouse that they've asked
for. So, yeah, that could -- that is a potential problem, I'll be honest
with you. It's--
COMMISSIONER FIALA: Thank you. Thank you.
CHAIRMAN HENNING: Rich, I have a question for you.
If you wasn't going to build the units that people were going to
live in, would you just build the clubhouse?
MR. YOV ANOVICH: No.
CHAIRMAN HENNING: No. My point is, what is the
clubhouse there for?
MR. YOV ANOVICH: Well, the clubhouse is to serve the
residents, and we -- the reason for the reduction in that was really to
address guests that came to the clubhouse, because every one of these
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units, as you can see, is near the clubhouse, so none of the residents
are going to go downstairs, go into the parking garage, get in their car,
and drive over to the clubhouse.
So really those parking spaces are to serve whoever's coming to
visit the residents in the clubhouse.
So we believe -- and these -- the people who have the contract --
the property owner contract do this type of development. They're
confident that the parking spaces they have will more than satisfy their
residents, who -- they've got to keep people happy or else people won't
rent the units, and have -- satisfy staff and people who are visiting
them. So they're comfortable.
CHAIRMAN HENNING: Right. And that's there for the
grandson visiting to go down with grandma to have -- and that's what
you're talking about, guests.
MR. YOV ANOVICH: Right.
CHAIRMAN HENNING: The only reason I'm bringing it up is,
this whole thing, is it residential or is it commercial? And we have so
many PUDs out there that have clubhouses, residential PUOs that
have clubhouses. So really it is an accessory use to the use, which is
assisted living.
MR. YOV ANOVICH: Right.
CHAIRMAN HENNING: So if staff needs a deviation for this
wall, fine. In my mind it's an accessory use to the main use, which is
where elderly people live.
Commissioner Halas?
COMMISSIONER HALAS: Yes. Rich, when we had this
meeting, basically I thought you were in -- said that you agreed with
everything that the Planning Commission came forward on. At no
time did we ever talk about any deviation for a wall.
I told you I would support this, and now all of a sudden we have
this wall issue that comes in here, which I'm not sure if it was clarified
clearly with the Planning Commission or if it wasn't. But I'm going to
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turn to the county attorney and ask him his take on this clarification.
MR. KLATZKOW: My problem is this: We run into problems
with PUDs when we start making changes on the floor. You've got
before you what the PUD is in this ordinance, and it was fully vetted
before the Planning Commission. Their changes are incorporated in
here. And if the board wants changes made, I think that's part of the
process, and that's good.
For a petitioner to come to the board after going through this
entire process and neighborhood information meetings, EAC, the
Planning Commission, and now start to ask for changes, that's when
we start getting sloppy documents and that's where mistakes are made
by staff because staff doesn't quite get what the board has been asking
for, and we start running into problems here. I've got a problem when
it's been fully vetted before the Planning Commission, then on the
floor here we're making changes.
CHAIRMAN HENNING: Let me ask you something, Mr.
Klatzkow.
MR. KLATZKOW: Yes.
CHAIRMAN HENNING: Do you have a clubhouse at your
development where you live?
MR. KLATZKOW: Yes, I do, and it's a residential community.
CHAIRMAN HENNING: Do you have a wall around it so it --
MR. KLATZKOW: No, we don't.
CHAIRMAN HENNING: That's my point is, does this really
need to -- you know, should we be doing this on the fly? I think so.
In my opinion, it is not sloppiness. It is something that staff came up
with after the Planning Commission; is that correct?
MR. YOV ANOVICH: What happened was, quite candidly, if
you walk into the unit, what do you see? You see bedrooms, a living
room and a kitchen for people to sleep and live in, permanently, not on
an interim basis like you would have in a hotel.
We always believed that to be a residential use for purposes --
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because it even uses the word dwelling unit when telling you how
many parking spaces.
What happened was, when the Site Development Plan was going
through -- because this is a real project -- staff says -- and this is after
the Planning Commission -- staff said, uh-oh, you may need a wall.
And we said, well, we're a residential use for purposes -- you're telling
me we have these residential buildings on site and a, quote,
commercial use where we're having our dining facilities, so you're
telling us we're a residential use for purposes of having to shield
ourself from our own internal, quote, commercial use, but now we're a
commercial use, the residential buildings, for purposes of our
neighbors.
If you feel we need a deviation, okay, let's just bring it up and
clarify it at the Board of County Commissioners. We don't think we
need a deviation but your staff now does think that.
When we explained the landscape buffer to the Planning
Commission, we explained that it was a vegetated buffer without a
wall. So they knew that there was going to be no wall -- I don't know
if that was correct grammatically. But they knew there was going to
be no wall.
So it's not on the fly that we're making this up. This came up
through the simultaneous Site Development Plan review, and we're
trying to make sure we don't have any issues so we can then go get our
building permit and move along.
We've been in this process for a while. Your staffs been great
working with us. They brought up this issue and said, let's clarify it
through the executive summary, and they're even recommending
approval of that.
So there's the question, are we or are we not? The simple answer
is, if you all say that an independent living facility is essentially a
residential use, then a deviation's not required.
CHAIRMAN HENNING: Commissioner Coyle?
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May 13, 2008
COMMISSIONER COYLE: You know, that's right. We need to
resolve that because I'm surprised that we're not considering this a
residential use, and I need to understand what the practice has been of
staff in the past with similar developments.
County Manager, can you shed some light on it?
MR. MUDD: The only -- and I'll have Ms. Istenes come forward
and ask that particular -- or answer that particular question.
But there's a philosophical issue here, okay . You're basically
saying they're assisted living facilities and they're independent living
facilities and, therefore, you're giving them a parking space reduction,
and then you're qualifying them as residential. And if you do, their
parking requirements for residential are a whole lot higher than this
assisted living facility. So you're mixing -- you're mixing them both
in the thing.
And the board can do that, but I just want to make sure that you
understand, you're basically not classifying them as residential so that
you're saying he can have one parking space per unit, okay, in this
assisted living facility issue, and then you're saying he's residential
and he doesn't need a wall. But ifhe was residential, then his parking
requirements would be higher than one space per unit.
And so -- I just want to make sure that you know. And Ms.
Istenes, if you come forward and answer the commissioner's question.
MS. ISTENES: Susan Istenes, for the record, again.
I think what you asked is kind of what has been the past practice.
And I will tell you the code is not entirely clear on this. Past practice
has been to treat these as commercial type of uses.
What I would ask that you do is if the board considers this -- in
other words, I would ask you just simply to consider the wall waiver
on its own merit and not get into a debate about residential versus
commercial versus nonresidential versus ALF, because I can tell you
the code just isn't clear, and we've historically tried to treat these as
what I would call nonresidential developments.
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Now, we don't get too many of these. We haven't had one in a
while, and the wall requirement I believe is, well, fairly recent, so you
may see some older ones out there that don't have walls because they
were built before the wall requirement.
We'd be happy to try to look at clarifying the code. The state law
has been changing recently on these types of development to --
because I think what people are building more is more of like an aging
in place type component rather than segregating out the various uses
in independent ALF versus nursing home.
So my recommendation would be, Commissioner, is that you just
evaluate the request for deviation if you wish to at this time and either
approve it or not, and rather than debate whether this is commercial or
residential, because I think we aren't going to be able to offer much
information more than what I've given you, and the code just --
because the code really isn't clear.
COMMISSIONER COYLE: Let me ask you another question.
If we were to elect to consider this residential, are you concerned that
at some point in time it might be converted and thereby bypasses the
parking requirements and create a substantial problem?
MS. ISTENES: Well, it really can't be because you're only
approving a use for independent, assisted, and nursing. So technically
speaking, it can't be. But I'm not saying that they're -- and, again, we
get back to, is this residential or commercial. There's very strong
components of residential use here, and as well as commercial use.
And on some of these larger ALFs where you have more ofa
mix, like I think it's the Moorings, I think, on Goodlette -- is that on
Goodlette -- you have quite a mix of uses there, and then you've got a
church there, I believe, and all sorts of things.
So the -- it's a very broad category. And in this case, you know,
you might just say, look, this is -- this mostly has a residential. This is
mostly of a residential nature, and a residential nature for this project
is more compatible with your adjoining properties, which you've got a
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golf course and whatnot. So that's something to consider.
COMMISSIONER COYLE: I think I tend to agree with you, it's
best to separate those two issues, leave it the way it is as far as zoning
is concerned and then deal with the wall separately.
Okay, thank you.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. I'm having some concerns
here where these PUDs are vented very thoroughly by the Planning
Commission and then at the last minute it's brought before the Board
of County Commissioners to try to circumvent concerns that I think
the Planning Commission should have been well aware of and should
have addressed those issues.
I have some real concerns and I'm not going to support this. I'll
tell you, when you come in here and start making changes to the PUD,
I've got a real problem with that.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Could you show me where this wall
is that we're talking about on that thing that's on here? Is it an internal
wall or an outside wall?
MR. YOV ANOVICH: Your staff treated these two buildings as
residential buildings for purposes of this clubhouse, and we were
theoretically supposed to have a wall between the clubhouse and the
residential buildings.
CHAIRMAN HENNING: Oh.
MR. YOV ANOVICH: Okay? And staff -- so we had asked for a
deviation because they considered this residential and this
commercial.
So we're going along through the process, okay, this is a
residential building, this is a commercial building. We asked for the
required deviation here, and staff said, that makes all the sense in the
world to not have a deviation.
We then go through the Planning Commission with the staff
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recommendation of approval. They start looking at the Site
Development Plan and now they say, since this is now a commercial
building -- it's no longer residential. It's a commercial building -- you
need a wall here, which would be separated by an over 80-foot, in
many places, buffer -- so why do you need a wall when you have an
80-foot buffer here -- and a golf course over here?
So they're saying, you need the wall on the golf course, here and
here -- and I'll show you the big aerial -- we would need a wall here to
shield ourselves from a golf course and now over here a wall to shield
ourselves from Fieldstone which is already shielded by a preserve --
by that preserve.
And we didn't know it was even an issue because they treated
these as residential for purposes of having to build a wall between our
own internal commercial. So this was not something we didn't
deliberately discuss. We're not trying to change anything. We didn't
know it was even an issue.
And when it came up at the Site Development Plan review, we
said, okay, we'll ask for the deviation if staff believes we need one.
That's why I'm saying, we think these are more residential because
that's how they treated it for their own internal, quote, commercial.
The code is not very clear. This is -- this is much more of a
residential use than you would have in a skilled nursing facility. A
skilled nursing facility is clearly institutional. An assisted living
facility is kind of in between the two, you know. And an independent
living facility is a very residential use. You don't have a very good
category for it. You don't even have a good definition for it in your
code.
So it was not something that we didn't bring up. We just didn't
know we needed to bring it up.
CHAIRMAN HENNING: Can we go to public speakers?
COMMISSIONER HALAS: I got one more question I got to ask
him. Rich?
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May 13,2008
MR. YOV ANOVICH: Sure.
COMMISSIONER HALAS: We just met a couple of days ago.
Why wasn't this brought up to me then?
MR. YOV ANOVICH: I know I brought it up to a couple
commISSIoners.
COMMISSIONER HALAS: You didn't bring it up to me, Rich.
MR. YOV ANOVICH: We said there was no wall between us
and Fieldstone and the golf course, and the staff report clearly said at
the end of it that we're -- the last thing in the executive summary is
that staff believes we need a deviation for that wall.
COMMISSIONER HALAS: I didn't read the staff report or the
executive summary until after I met with you, sir.
MR. YOV ANOVICH: And I didn't either because I didn't have
it. So when I read it, I realized that we were actually asking for the
deviation. I didn't know.
CHAIRMAN HENNING: Do we have any public speakers?
MS. FILSON: Yes, sir. We have one speaker. Kathleen Adams.
MS. ADAMS: My name is Kathleen Adams. I'm vice-president
of the Village Walk Homeowners Association. You've already seen
the email from Paul Foyer which told you that our community
supports this.
CHAIRMAN HENNING: Kathleen, I'm sorry.
MS. ADAMS: That's okay.
CHAIRMAN HENNING: You'll have to wait because we lost a
quorum.
MS. ADAMS: No problem.
COMMISSIONER COLETTA: Do you want to call a break?
CHAIRMAN HENNING: Well, we're kind of early for a break.
COMMISSIONER COLETTA: Just a thought.
CHAIRMAN HENNING: Well, you know, you're probably
right. Since two of the commissioners have to take a break, maybe
others do. And it will only be proper.
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COMMISSIONER COLETTA: I'll go look for them. I'll be right
back.
CHAIRMAN HENNING: What do you say, you'll need 10
minutes or five minutes?
COMMISSIONER COLETTA: Wait, I found Commissioner
Coyle.
COMMISSIONER FIALA: Oh, okay. We're back in.
CHAIRMAN HENNING: I'm sorry.
MS. ADAMS: No problem. I just would like to add that the
Turners who own the land and are proposing the change with the
purchase by Sandalwood Village, which is the proposed name for this
community, had come to us and asked us what we would like to see
over there. They have been very good neighbors. We're directly to
the south of them across Vanderbilt Beach Road, so these will be our
neighbors on the eight acres of property that's over there.
And the proposed independent retirement community certainly
fits in with the neighborhood. In fact, if it had been built at this point,
some of our neighbors would not have recently moved up to
Massachusetts. They would have moved over there instead because
they could have been accommodated.
So it fits very well into the neighborhood. Everyone has been
very forthright and up front with us about what this was going to be,
how it was going to look, and we believe that this is a wonderful
addition to North Naples and we would certainly like to see
Sandalwood Village built there. Thank you.
CHAIRMAN HENNING: Okay. Any other--
MR. ARNOLD: I think you're going to have one more public
speaker.
CHAIRMAN HENNING: Well--
COMMISSIONER COYLE: He has to register before the item
was brought up.
CHAIRMAN HENNING: Yeah. We -- the item is -- it was
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heard, and we're setting precedence, and I don't want to continue that.
MR. ARNOLD: Okay. If! might, I had one additional item to
discuss on the buffer because th~re seems to be some confusion how
much of that was discussed.
For the record, I'm Wayne Arnold. One of the exhibits that's part
ofthe PUD packet that you have is a buffer planting plan, and that's
for our Vanderbilt Beach Road frontage as well as our eastern
property boundary adjacent to the Fieldstone Village project that's
inside Wilshire Lakes.
And this doesn't address specifically the WCI golf course issue,
but I think I can address that with you, too. This detail plan, the top
elevation there depicts what this minimum 30-foot-wide buffer needs
to be. It clearly depicts a hedge. It depicts no wall. That's been in our
packet since, I think, the first submittal we made however many
months ago that was.
So that's been clearly part of the public record. That was
evaluated by the Planning Commission and deemed to be acceptable.
With regard to the northern buffer, as you've heard before, your
code is very, very unclear when it comes to some of this.
The landscape code provisions do not require a wall, but if you
go to your fence code part of your Land Development Code, it says,
for nonresidential projects abutting a residential project, you must
have a masonry wall. So that's technically what we're asking for a
deviation from. It's your fence code requirement.
I can tell you Mr. Ernst, who was your late registrant to speak,
who we've spoken with as the WCI employee, and the language that
was inserted was predicated on them having a five-foot high hedge as
a minimum with no wall, and the same goes with our eastern property
boundary next to Wilshire Lakes, that that has to have opacity at a
minimum five-feet height at the time that project is occupied.
So I think the question really is singling out, is a wall really
necessary for this project abutting the other? And I certainly respect
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May 13, 2008
what Commissioner Halas is saying, that maybe this wasn't vetted so
comprehensively at the Planning Commission hearing, but then again,
I think that there's been no bait and switch here.
I think it's clear that the one buffer that's adjacent to our
residential neighbor was depicted showing a hedge. And I think with
regard to the buffer on our northern boundary, it's really not adjacent
to a residential tract. It's adjacent to a golf course. And I think you
can clearly say in your own mind that it's not adjacent to residential.
We've got a buffer in there that meets -- and is acceptable to
WCI, our neighbor, and I think we have a buffer that is acceptable to
our other neighbors.
So I think the question really is, is a wall necessary or does a nice
hedge satisfy? And we think the hedge is the appropriate --
appropriate treatment here, as did your staff in recommending support
of the deviation.
Hope that clarifies it. I think that's the facts as I see them, and
hopefully you can agree with us that a wall just isn't a necessary part
of this project.
CHAIRMAN HENNING: And I don't know if we're trying to
keep people out with the wall or keep people in, but the use of the
clubhouse is mainly for the use of its residents.
MR. ARNOLD: Correct.
CHAIRMAN HENNING: And, you know, part of this, I think
afterwards, that we need the -- we need clarification or cleaning up of
the code.
MR. ARNOLD: Uh-huh.
CHAIRMAN HENNING: It is not -- nobody's going to get
killed if we approve this.
MR. ARNOLD: I agree with you.
CHAIRMAN HENNING: And you have a preserve buffer
between the two properties, these two residential properties. People
are going to be living there. I understand some of staffs position
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May 13,2008
because of the strictness of the code and being criticized by members
of the board for their reading of it, and I understand some of the
reluctancy to look at something a little bit outside of the box because
of what we did.
The thing is, I can't see we're harming anybody. I'm not going to
ask this to be continued to go down to the Planning Commission. I
think it was explained well enough and it does no harm, so my motion
stands with the exception of the increased landscaping on the north
side. There will be three stories over parking; is that correct?
MR. ARNOLD: That's correct.
CHAIRMAN HENNING: And out of just clarification, a
deviation from a wall between the golf course and the residential to
the east.
MR. YOV ANOVICH: And also the clarification on the dining to
allow alcohol to be served with meals. I think --
CHAIRMAN HENNING: Yeah, so they can enjoy their meals.
MR. YOV ANOVICH: Oh. And most importantly, the number
of unit reduction to 175 for independent.
CHAIRMAN HENNING: I did write that down somewhere.
For some reason it wasn't on the same page. That is a part of my
motion. Is that a part of your second?
COMMISSIONER FIALA. Yes
CHAIRMAN HENNING: Any further discussion on the
motion?
MR. MUDD: Yes, sir. Staff has to put something on the record.
MR. YOV ANOVICH: Oh, oh. I promised Nick one thing, too.
Sorry, Nick. He wanted us to say that we would never ask for a sound
wall to be constructed by the county as part of our project related to
the Vanderbilt Beach Road project. Did I get it right? Okay.
CHAIRMAN HENNING: I guess we could put that in the
ordinance.
MR. YOV ANOVICH: I wrote him a -- we wrote him a letter
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saying that, but he wanted to make sure that that was clear on the
record.
MS. DESELEM: For the record, Kay Deselem, principal
planner, zoning. I just wanted a clarification. I heard Commissioner
Fiala say something about she was told there were not going to be any
windows on one portion of one building. We don't have any
commitment like that in the PUD. So if you want something like that,
we need to make sure it gets added now.
COMMISSIONER FIALA: Okay, fine. Yes, they told me that
yesterday, so yes, I would like that added.
MR. YOV ANOVICH: If! can, what -- what we told you was
not that there weren't any windows, that the balconies were angled
here and here and that there was a stairwell here. Remember, that
does have a window in it.
COMMISSIONER FIALA: Right. But I said no --
MR. YOV ANOVICH: But as far as the kitchens, there's no
windows. I just want to make sure that we don't --
COMMISSIONER FIALA: Yes.
MR. YOV ANOVICH: -- count a glass door as a window or
anything like that. I just wanted to make sure what he said was on the
record.
COMMISSIONER FIALA: Yeah. There weren't any windows
looking in other people's property, bedrooms, yeah.
MR. YOV ANOVICH: Yes.
COMMISSIONER FIALA: We've had that experience already.
MS. DESELEM: Just so I understand, there's no windows
permitted in individual living units, but you can have access doorways
or windows?
COMMISSIONER FIALA: Oh, yeah. You can have doorways.
What they talked about was there were kitchens there, those things
that are jutting out are kitchens, and they said, but there aren't any
windows in those kitchens --
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May 13,2008
MR. YOV ANOVICH: Right.
COMMISSIONER FIALA: -- and they said there's stairwells.
Well, you have to have -- you know, you have to be able to see in
stairwells. I just didn't want somebody for their amusement to be
watching somebody else's bedrooms.
MR. YOV ANOVICH: Yeah.
MS. DESELEM: In the essence of caution--
COMMISSIONER FIALA: Go ahead.
MS. DESELEM: -- I don't want to confuse the issue, but I want
to make sure that that doesn't include, for example, sliding glass doors
or something. To make sure, do you want no windows -- no window
openings, no sliding glass doors, no balconies? We need to know
when we review it exactly what it is that you want or you don't want
so that we make sure that we get what the intent of the board's action
was.
COMMISSIONER FIALA: I was just trying to protect the
pnvacy --
MS. DESELEM: Right.
COMMISSIONER FIALA: -- of the people on the other side
because the building is 60 feet tall, and the buildings on the other side
that they're facing are not.
MS. DESELEM: So there will be no windows --I'm sorry.
CHAIRMAN HENNING: Hang on, Kay. Just -- we're going to
clarify it for you.
MS. DESELEM: Right, thank you.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Building is not 60 feet tall?
MR. YOV ANOVICH: I guess -- no, the zoned height is 50 feet.
The actual height is 62.
COMMISSIONER COYLE: That's to the peak of the roof, or to
the midpoint of the roof?
MR. YOV ANOVICH: Midpoint of the roofis the zoned height,
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May 13,2008
and then the 62 feet is to the tippy top of whatever's on top of the roof.
COMMISSIONER COYLE: Yes, that's right. It's 48 feet, seven
and a half itches to the midpoint of the roof. There are no living units
on the roof.
MR. YOV ANOVICH: Right.
COMMISSIONER COYLE: So the highest possible point where
people could have a view plane from this location to the adjacent
property would be more like 45 feet. No, it would be more like --
more like 37 feet because you'll be standing on the third floor, and
that's about where the view plane will be, about 37 feet.
Now, rather than trying to define what will or will not be
permitted on that side of the building, why can't we just say that
sufficient landscaping will be placed on that portion of the property so
that there will not be a line of sight from the uppermost residential
units to the adjacent properties --
COMMISSIONER FIALA: Okay. I could go along with that.
COMMISSIONER COYLE: -- okay? And that way they can
design the building however it works out.
COMMISSIONER FIALA: Okay. Just as long as we protect. I
didn't want a repeat of some of the other --
COMMISSIONER COYLE: That's right.
COMMISSIONER FIALA: -- things we've had to deal with.
COMMISSIONER COYLE: Yeah. I understand what you're
getting at. I just think this will be an easier way to deal with it.
COMMISSIONER FIALA: I think you're right.
MR. YOV ANOVICH: And we're comfortable with that, because
if you look on the master plan, you'll see that there's a very wide
buffer with existing trees. And if necessary, we could supplement that
to make sure the line of sight issue --
COMMISSIONER FIALA: Very good.
MR. YOVANOVICH: -- goes away.
COMMISSIONER FIALA: I would go along with that.
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May 13, 2008
CHAIRMAN HENNING: Just a clarification. Is that including
over the golf course, the golf course view?
MR. YOV ANOVICH: I believe the only concern Commissioner
Fiala had was for the --
COMMISSIONER FIALA: That's right.
CHAIRMAN HENNING: Easterly property.
MR. YOV ANOVICH: That's right.
COMMISSIONER COYLE: Building one, the easterly end of
building one.
MR. YOV ANOVICH: Right.
CHAIRMAN HENNING: So Kay, do you understand that?
MS. DESELEM: I'm sorry. I apologize.
CHAIRMAN HENNING: That's okay.
MS. DESELEM: I was involved in two different conversations.
CHAIRMAN HENNING: What the board would like is the
easterly building and property to make sure that there is enough
landscaping so you don't have that view into the unit.
MS. DESELEM: And I appreciate what you're saying. The only
problem is the term sufficient is not measurable, so we don't know --
CHAIRMAN HENNING: Then give us a suggestion.
MS.OESELEM: -- what that means. A certain opacity by a
certain time or a certain -- that's the kind ofthings we have to look at.
It has to be measurable by our standards so that we don't get into a
discussion with the applicant saying they think it is enough and we
don't think it is, and what is sufficient? Sorry.
CHAIRMAN HENNING: Then you're our expert on this, so
what do you recommend?
MS. DESELEM: What we have in many of the things, it's a
measure of opacity as far as how much you can see through it. And if
you have some measure of opacity within so many years, that would
allow things to grow up and become opaque so people couldn't see
through it; however, initially they're going to be able to see through it.
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May 13, 2008
The only way to prevent that is 100 percent opacity which is solid.
CHAIRMAN HENNING: How about 80 percent?
Commissioner Coyle?
COMMISSIONER COYLE: Has this lot been cleared?
MS. DESELEM: No.
COMMISSIONER COYLE: There is substantial vegetation on
this lot right now.
MS. DESELEM: But I don't know how tall it is or if it's exotic.
CHAIRMAN HENNING: They're pine trees.
MS. DESELEM: Okay. And we don't know what clearing
might have to be done as far as increasing, you know, to flood
elevations or anything. I haven't reviewed that, so I don't know.
CHAIRMAN HENNING: They're pine trees, Commissioner.
COMMISSIONER COYLE: That's right. I think it would be
sufficient to say that there is -- there would have to be vegetation
planted there which would assure 90 percent opacity from the
windows in building one on the east side with respect to a view of the
home site -- home windows on the adjacent residential property. I
don't much care if they can see the roof of the next house, but I
understand Commissioner Fiala's concerns, they shouldn't be able to
look in the windows of the adjacent house, okay? And I think you'll
find that that's pretty much done now as long as they don't bulldoze
them down.
MS. DESELEM: That very well could be, and like I was saying,
there's a large preserve area that will separate the existing places in
Fieldstone from these buildings. We just needed to make sure as staff
that we had something to review.
COMMISSIONER COYLE: Then if they can't do it there, we're
going to require that they put up a 20- foot concrete wall.
MS. DESELEM: Twenty-foot wide or 20-foot high?
COMMISSIONER COYLE: Both, both.
MS. DESELEM: I'm sorry.
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May 13,2008
CHAIRMAN HENNING: Then you'll need a deviation from the
height.
MS. DESELEM: Thank you for clarifying it. We're okay with
that. We understand.
CHAIRMAN HENNING: That's a clarification then on the
eastern building one, there will be a 90 percent opaque -- within the
time of CO or one year --
COMMISSIONER COYLE: I'd say at time of CO.
CHAIRMAN HENNING: Time of CO. Okay.
Any further discussion on the motion?
Commissioner Halas?
COMMISSIONER HALAS: Yes. I'm still going to stand where
I said earlier. And I'm -- the point I'm trying to make sure here, Rich,
is that whenever I visit with you, I want you to be very up front and
make sure that it's full disclosure of exactly what you are intending to
do. And ifthere are any changes in a PUD after it's been vented by
the Planning Commission, that you make sure that it's -- that
information is brought to me so at least I can talk with someone from
the Planning Commission that may have been involved in this effort.
I feel that the Planning Commission works very hard and very
diligently in trying to address all aspects of all the PUDs that come
before us, and they work in a manner in which they try to make sure
it's very clean, and then all of a sudden when we have something come
before us -- and you're not the only one that does this. We've had
other people that are bringing PUDS to us, and then on the fly we start
making changes. And I feel that that's a disservice, because I feel it
should be vented by the Planning Commission, so thank you.
CHAIRMAN HENNING: Any further discussion on the
motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
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May 13,2008
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Motion carries, 4-1.
We could probably dispose of a couple more items before we go
to our break.
Item #9 A
RESOLUTION 2008-141: DECLARE A VACANCY ON THE
HABITAT CONSERVATION PLAN AD HOC COMMITTEE-
ADOPTED
MR. MUDD: Commissioner, that brings us to Board of County
Commissioners, paragraph 9. First item is a recommendation to
declare a vacancy on the Habitat Conservation Plan Ad Hoc
Committee.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
MS. FILSON: I just -- I don't need to put it into the record. I just
wanted to say that down there where I have absent with a satisfactory
excuse, it should be without.
COMMISSIONER FIALA: Oh, okay.
MS. FILSON: And absent from all meetings in 2008, which
would be three.
COMMISSIONER COYLE: My motion stands.
CHAIRMAN HENNING: Yeah, all right. All in favor of the
motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
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May 13,2008
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries.
Item #9B
RESOLUTION 2008-142: APPOINTING LIONEL L , ESPERANCE
TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD -
ADOPTED
MR. MUDD: Next item is to appoint a member to--
appointment of member to the Collier County Code Enforcement
Board.
COMMISSIONER HALAS: Motion to approve Lionel
L'Esperance.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: There's a motion by Commissioner
Halas to approve this item, and second by Commissioner Coyle.
All in favor of the motion -- Commissioner Fiala?
COMMISSIONER FIALA: I'd just like to say I see that he
missed five meetings last year. Did he say that his attendance would
be a little bit better?
MS. FILSON: I get this information from staff, ma'am. I don't
talk directly to them.
CHAIRMAN HENNING: Yeah, that's --
COMMISSIONER FIALA: I see. You know, to miss --
CHAIRMAN HENNING: Five out of 12.
COMMISSIONER FIALA: -- half the meetings seems quite a
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May 13, 2008
shame.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, I tell you what. I expressed
the same misgivings on that. We asked for that to be included so we
could make judgment calls. There's nothing worse than having a
person appointed that can't make the meetings. And it might not be
their fault, but the thing is, in order to get the feedback, you've got to
have a person participate.
COMMISSIONER FIALA: Yeah.
COMMISSIONER COYLE: Do you want to readvertise?
COMMISSIONER COLETTA: I'm for that.
MS. FILSON: He's currently an alternate member, and I know
on the EAC that you don't demand that they attend every meeting on
the EAC.
COMMISSIONER COLETTA: Okay. That's a little different.
COMMISSIONER FIALA: So he's --
COMMISSIONER HALAS: So that's --
MS. FILSON: He's an alternate and wants to become a regular.
COMMISSIONER COLETTA: That makes all the difference.
COMMISSIONER FlALA: You might tell him in your letter
that we would encourage his diligent attendance.
COMMISSIONER HALAS: I'm sure he will now that he's full
time.
COMMISSIONER COYLE: Yeah.
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.
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May 13,2008
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries.
Item #9C
RESOLUTION 2008-143: APPOINTING TERRY JERULLE TO
THE CONTRACTORS LICENSING BOARD - ADOPTED
MR. MUDD: Next item is appointment of member to the
Contractor's Licensing Board.
CHAIRMAN HENNING: Quasijudicial. We only have one
applicant, it's Terry Jerulle.
COMMISSIONER HALAS: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Halas,
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: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Item #9D
RESOLUTION 2008-144: REAPPOINTING W. THOMAS KEPP,
APPOINTING JAMES RICH AND RUTH EISELE TO THE
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May 13, 2008
ANIMAL SERVICES ADVISORY BOARD - ADOPTED
MR. MUDD: Next item is appointment of members to the
Animal Services Advisory Board.
COMMISSIONER COLETTA: Motion to approve Thomas
Kepp, Brian Theiss --
COMMISSIONER FIALA: No, not Brian Thiess. He withdrew.
COMMISSIONER COLETTA: Oh, I'm sorry.
COMMISSIONER FIALA: Yes.
COMMISSIONER COLETTA: Well, we don't have a veteran--
yes, then Jack-- I can't pronounce it.
COMMISSIONER FIALA: Bruce -- James Rich?
COMMISSIONER COLETTA: No, no, Jacquelyn Fresenius.
Help me with the pronunciation.
COMMISSIONER FIALA: I don't know it --
COMMISSIONER COYLE: Fresenius.
COMMISSIONER FIALA: -- but I would -- okay.
COMMISSIONER COYLE: I don't know any of them.
COMMISSIONER FIALA: I've been getting a lot of mail on
James Rich from Marco Island. Everybody says he's wonderful.
COMMISSIONER COLETTA: And I've been getting mail also
about the lady.
COMMISSIONER FIALA: Oh, I see. I haven't gotten any from
her.
CHAIRMAN HENNING: So your motion -- there's a motion on
the floor by Commissioner Coletta. Is there a second to the motion?
MS. FILSON: Well, we need to appoint three members.
COMMISSIONER COLETTA: I'm sorry. Then the last one
would be the veterinarian. We have to have a veterinarian or vet, so
that would be Ruth Eisele.
MS. FILSON: Eisele.
COMMISSIONER COLETTA: I was close.
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May 13,2008
MS. FILSON: Yeah. They're requesting the appointment of
Thomas Kepp, and he's actually the only representative for the
humane society. They're requesting an appointment for a veterinarian,
and Dr. Ruth Eisele, and then we need to appoint one at large, and that
would be either Jim Rich or Jacqueline -- pronounce that, please.
COMMISSIONER COYLE: Fresenius.
MS. FILSON: Fresenius.
COMMISSIONER COLETTA: Then Fresenius is the person.
That's my motion.
COMMISSIONER COYLE: Well, this is -- both of those are
from Commissioner Halas's district.
COMMISSIONER FIALA: No, they're from mine.
COMMISSIONER COYLE: I'm sorry. I meant Commissioner
Fiala.
CHAIRMAN HENNING: I get that confused, too.
COMMISSIONER COYLE: Yeah, I noticed. I think it's
becoming contagious.
I would -- you know, I would be willing to go with
Commissioner Fiala's choice as far as members from her district are
concerned.
COMMISSIONER FIALA: And I would like to -- I would like
to recommend James Rich, but you--
COMMISSIONER COLETTA: Well, if! don't have a second on
the motion, then I guess we roll back.
CHAIRMAN HENNING: You're right.
COMMISSIONER COLETTA: Did you say you second it?
CHAIRMAN HENNING: No, I said you're right.
COMMISSIONER COLETTA: Oh, I'm sorry. I thought you
said second.
CHAIRMAN HENNING: Yeah, I don't -- I don't have a hot dog
in this fight.
So there's a motion by Commissioner Coyle to accept--
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May 13,2008
COMMISSIONER COYLE: Tom Kepp --
CHAIRMAN HENNING: -- Dr. Eisele --
COMMISSIONER COYLE: -- and Dr. Eisele and --
CHAIRMAN HENNING: -- and James Rich.
COMMISSIONER COYLE: -- James Rich.
COMMISSIONER FIALA: And I'll second that motion.
CHAIRMAN HENNING: Second by Commissioner Fiala.
COMMISSIONER FIALA: Yeah.
CHAIRMAN HENNING: Discussion on the motion?
(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: Motion carries unanimously.
Item #9E
RESOLUTION 2008-145: APPOINTING WILLIAM GONNERING
TO THE V ANDERBIL T BEACH BEAUTIFICATION MSTU
ADVISORY COMMITTEE -ADOPTED
MR. MUDD: Next item is appointment of a member to the
Vanderbilt Beach Beautification MSTU Advisory Committee.
CHAIRMAN HENNING: They're all from District 2.
COMMISSIONER HALAS: I make a motion that --
COMMISSIONER COYLE: Let's readvertise.
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May 13,2008
COMMISSIONER HALAS: I make a motion that we approve
William Gonnering. That was --
COMMISSIONER FIALA: Gonnering.
COMMISSIONER HALAS: -- the committee recommendation.
COMMISSIONER FIALA: Second the motion.
CHAIRMAN HENNING: Motion by Commissioner Halas,
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: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Item #9F
RESOLUTION 2008-146: APPOINTING JAMES N. HAMPTON
AND CONFIRMING THE APPOINTMENT OF ROBERT
METZGER AS THE FIRE CHIEFS REPRESENTATIVE -
ADOPTED W /STIPULA TION THAT MR. METZGER BECOMES
A COLLIER COUNTY RESIDENT, TO THE EMERGENCY
MEDICAL SERVICES ADVISORY COUNCIL - ADOPTED
MR. MUDD: Commissioner, next item is to -- appointment of
members to the Emergency Medical Services Advisory Council.
Ms. Filson, do you have any speakers on this?
MS. FILSON: I do have one speaker, but I do want to comment
first.
The committee recommendation is James Hampton, and then
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May 13,2008
you'll need to vote to confirm the representation from the Collier
County Fire Chiefs Association, and they have submitted Robert
Metzger's name for consideration. He's not currently residing in
Collier County, but he and his wife are negotiating on a house and will
be moving very shortly.
CHAIRMAN HENNING: I'm going to make a --
MS. FILSON: He's registered to speak if you have any
questions.
CHAIRMAN HENNING: I'm going to make a motion to
approve James Hampton and Robert Metzger.
COMMISSIONER HALAS: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: And -- yes.
MR. KLATZKOW: I'm sorry. For Mr. Metzger, you might
want to condition his moving into the county with --
CHAIRMAN HENNING: Well, also in the ordinances there is a
representation from the Chiefs Fire Association. The Chiefs Fire
Association is recommending Robert Metzger.
It's a point of clarification, I think, to the board that Mr.
Metzger's going to move into Collier County. He's always been
employed in Collier County for a number of years, but the -- the point
is, is the Fire Chiefs Association, there needs to be representation on
there.
Any further discussion?
COMMISSIONER FIALA: And he is in the process of moving.
MS. FILSON: I didn't hear who seconded that.
COMMISSIONER FIALA: Commissioner Halas.
MS. FILSON: Commissioner Halas, okay.
CHAIRMAN HENNING: All in favor of the motion, signify by
.
saymg aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
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May 13, 2008
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
MR. MUDD: Commissioner, next item is -- no, you had a public
speaker. Did that person --
MS. FILSON: He only registered if you had questions. Would
you like to speak, Mr. Metzger?
MR. METZGER: I waive.
MR. MUDD: He waives.
Item #9G
DISCUSSION REGARDING ADVISORY BOARDS'
FUNCTIONS, POWERS AND DUTIES - CHAIRMAN TO WRITE
TO THE ADVISORY BOARDS TO HAVE THEM REVIEW
THEIR FUNCTIONS, POWERS AND DUTIES AND TO ADHERE
TO THEM - APPROVED
Brings us to the next item, which is 9G. It's a discussion
regarding advisory boards' functions, powers, and duties; this item is
asked for by Commissioner Henning.
CHAIRMAN HENNING: I've had some comments from the
advisory board members and the general public about advisory board
members. I only put one example in here just for the flow of it. And
the reason I wanted to do that is to give directions. Did you sign up
before the item was discussed?
The -- the issue is, do we adhere to the powers and duties or do
we get the advisory committee to expand their powers and duties?
And I put some examples in there, and I appreciate County Manager
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Mudd's email.soIwill talk on that issue.
The issue was a church, New Hope Ministries. There was a -- one
of the issues, and it came all the way to the board, Board of
Commissioners, that -- the issue about putting stormwater into the
preserves.
The LDC allows them to do that, but the confusion -- if you can
go to item -- page 11 of 21, Environmental Services Manager Barbara
Burgeson was asked about this particular item, and she said -- and it's
underlined on the second one, but there's no reason that the remainder
of the EAC approved the project, and it was cited on the record that it
was not an environmental reason at all.
All the reasons that were cited was approved -- the project was
based upon the use. Of course, that's what we have the Planning
Commission for, and they felt it was a good use and a good location.
It was not -- and it was not -- it was not an environmental base for
their approval. That's my point.
So we're getting recommendations in -- just in this particular case
from the EAC on planning items, and we don't know if there are any --
or should be any environmental concerns because they're talking about
land uses.
In fact, I heard at the last EAC meeting on a borrow pit. I can't
understand that saying, you're not going to borrow, you're just taking
away. You're not bringing it back. But one of the planning -- or EAC
members stated, well, I drive that road all the time and I don't want
any rocks busting my windshield and I think that you ought to have
pullovers in that -- of course, we know that that is a Planning
Commission issue.
So I think that we need to give guidance to advisory board
members to adhere to their powers and duties or request to expand
their powers and duties.
So I'm going to make a motion that you direct the chairman to
write the advisory boards to review their powers and duties and to
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adhere to their powers and duties. Commissioner?
COMMISSIONER COLETTA: I'll second your motion.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I think you're right. I think
adhering to the powers and duties is more appropriate than expanding
their powers and duties.
There are some problems in interpretation, and using this
particular example, one of the members of the Environmental
Advisory Committee said that this was a good use and it was in a good
location. You know, that -- that could be an environmental
consideration. You know, if it's -- if they're talking about the location
of the structure on the particular lot to avoid environmental damage or
to avoid infringing on a wetlands or some other environmentally
sensitive area, you know, that's a valid concern, and people are going
to get into arguments about that.
But I think direction to be given to them to review their
responsibilities and adhere to the duties of their -- of the specific
advisory committee is an appropriate thing to do.
CHAIRMAN HENNING: Well, on -- Commissioner, on this
particular use if they would have said, well, we feel this stormwater
into the preserves is a good use, I could understand that. But it was
confusing to the -- to the Planning Commission members and actually
carried. over into our meeting. In fact, we have a public petition that
was continued.
COMMISSIONER COYLE: For that reason?
CHAIRMAN HENNING: Well, of the preserves that are not
there.
COMMISSIONER COYLE: Okay. What would you think of
including some guidelines such as those the county attorney gives us
in our land use decisions that they will tell us that these are the things
you have to take into consideration and they list those kinds of things?
Is that an appropriate kind of thing to include in some of the guidance
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for the advisory boards?
CHAIRMAN HENNING: Well, the Planning Commission has
that now. I don't know --
COMMISSIONER COYLE: But does EAC have it, and do some
of the others have it is the question.
CHAIRMAN HENNING: Yeah. The -- but the other -- some of
the other advisory boards are not -- they're not reviewing some type of
application or -- you know, the Black Advisory Board, the Hispanic
Advisory Board, and so on and so forth, but that could be direction to
staff just for this advisory board to include specifics for the item at
hand.
Mr. Wright?
MR. WRIGHT: Good afternoon, Commissioners, Jeff Wright,
Assistant County Attorney. I just wanted to add on to that thought
Commissioner Coyle had.
The EAC recommendations -- and I'm the one that represents the
EAC on behalf of our office, and it's all about passing along the most
valuable recommendation that you can. And in order to make a
valuable recommendation, it's best to tie it to something that the
subsequent reviewing body can use as a basis for their approval or
denial. So that's kind of where I'm trying to direct the EAC on going
forward to make sure that they forward valuable recommendation to
the next body. And in order to do that, they have to have specific
guidelines that can be relied upon by the next reviewing entity.
CHAIRMAN HENNING: Okay. Commissioners, we have--
talk about deviation of what (sic) we're here. We had a member of the
public sign up, and in our notice, it says all persons wishing to speak
on any agenda item must register prior to speaking.
The speaker must register -- oh, that's the public hearing.
Anyways, before the item is discussed, you're supposed to sign up for
it. Do we want to waive that?
COMMISSIONER FIALA: You mean for the EAC member
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who just signed up?
CHAIRMAN HENNING: Yes.
COMMISSIONER FIALA: I'd love to hear their comments.
COMMISSIONER COLETTA: I would, too.
CHAIRMAN HENNING: Great. Let's do that.
MS. FILSON: Judith Hushon.
MS. HUSHON: I'm Judith Hushon, and I'm on the EAC. And I
think in terms of the wetland issue, for example, that issue is at issue
because that is actually being decided right now in our new LDC
amendments, and this site happened to come up before the
amendments became final. And whether or not the minutes picked it
up, there was a concern, and actually it was my concern, and I did say
that that will be covered in the new LDC amendments, but without the
LDC amendments we have to operate with what we've got on the
board, the rules we have, and that would allow it. Whether the notes
picked that up, I don't know but I remember that was what I said.
In terms of some of the other comments, it may be that from time
to time things are not quite directed, but I think by the time it comes
down to an answer or a vote, what goes along with it with stipulations
are environmental. There may be some comments made otherwise,
and that happens. But, you know, you can't control all people all the
time, and I just would like to say that --
CHAIRMAN HENNING: Ms. Hushon, I'd be glad to provide
you the information to where they made motions on items that didn't
concern environmental issues. But I'm glad you're in favor of giving
us some input on environmental issues.
MS. HUSHON: Well, I think we'd like to give environmental
issues. And if we see something else on the horizon, we may raise it.
But we know that we won't make that decision. It just goes into our
notes. Because, again, the Planning Commission will see our notes,
and it may be just a heads-up on maybe an environmental issue, but to
the Planning Commission.
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And I think -- or to you all, but that is part of what our job is is to
sort of raise issues that we think are potentially important. They may
not be ones we can vote on, but we think they're important.
CHAIRMAN HENNING: On -- just on environmental issues?
MS. HUSHON: Right, we can only vote on environmental
issues. I'm saying that we might, during our discussion, raise some
others.
CHAIRMAN HENNING: Well, that's what we have the
Planning Commission for.
MS. HUSHON: I understand that. Our recommendation might
be to recommend that the Planning Commission look at it.
CHAIRMAN HENNING: Commissioner Coyle?
MS. HUSHON: And maybe we should say that.
COMMISSIONER COYLE: Yeah. Ms. Hushon, are you aware
that Ms. Berguson went before the Planning Commission and told
them that the Environmental Advisory Council or committee had
forwarded a recommendation to the planning council -- Planning
Commission that was not based upon environmental issues?
MS. HUSHON: No.
COMMISSIONER COYLE: Then let me --
MS. HUSHON: And that didn't come back to us.
COMMISSIONER COYLE: That's the reason this was brought
up.
MS. HUSHON: That didn't come back to us.
COMMISSIONER COYLE: Here's what Ms. Burgeson said.
The reasons that the EAC approved the project and as they cited on
record was not for any environmental reasons at all. All the reasons
that they cited to approve the project was based on use, and they felt
that it was a good use in a good place. It was not -- there was not an
environmental basis for their approval.
MS. HUSHON: I would object if! had heard that because I did
make the other statement that we have to live with what we currently
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have as our Land Development Code, and though we may have
changes in the new code, we can't vote those changes now.
COMMISSIONER COYLE: Okay. And then it goes on to say,
I'm saying that the EAC supported it but the discussion was based on
the thought that the church was a good use of the property, but
because of where the location was, that they would support the church
in this area and there would be more people to go to church. The
reasons they supported it were not based on the environmental
Conservation Collier or the CCME or the environmental section of the
Land Development Code.
MS. HUSHON: Well, I can't speak for our chairperson.
COMMISSIONER COYLE: Okay. In any event I just wanted
to clarify that, so you know that we don't dream these things up.
MS. HUSHON: I am making my comment that I had made a
clarification. If it didn't make it into the minutes, that's fine.
COMMISSIONER COYLE: Okay, all right.
CHAIRMAN HENNING: Okay. Further -- Commissioner
Fiala?
COMMISSIONER FIALA: I have a question, yes. And this is
just a question on my own. When it's a stormwater issue but the
stormwater would impact, say, a preserve or something, whose issue is
it?
CHAIRMAN HENNING: It's a Southwest Florida Water
Management and the EAC.
COMMISSIONER FIALA: Oh, it would be EAC, okay. Thank
you.
CHAIRMAN HENNING: Okay. All in favor of the motion,
signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
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COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: And opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
MR. MUDD: Commissioner--
CHAIRMAN HENNING: Should we take a break? Yeah, we're
going to take a break. Ten-minute break? Is that good enough? Be
back at three --
COMMISSIONER COYLE: 4:30.
CHAIRMAN HENNING: 3:25.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
Item #9H
REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS
TO CONSIDER JOINT PARTICIPATION OF THE COLLIER
COUNTY PUBLIC SAFETY COORDINATING COUNCIL WITH
OTHER PUBLIC SAFETY COORDINATING COUNCILS IN LEE,
CHARLOTTE, HENDRY AND GLADES COUNTIES FOR THE
PURPOSE OF JOINT GRANT APPLICATIONS TO ADDRESS
PUBLIC SAFETY CONCERNS SUCH AS JAIL
OVERCROWDING - APPROVED
The next item we have on the agenda is 9H. It's a request for the
Board of County Commissioners to consider joint participation of the
Collier County Public Safety Coordinating Council with other public
safety coordinating councils in Lee, Charlotte, Hendry, and Glades
County, for the purposes of a joint grant application to address public
safety concerns such as jail overcrowding, and this is Commissioner
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Coyle's item.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Motion by Commissioner Coletta,
second by Commissioner Henning.
Commissioner Coyle, do you have anything to add?
COMMISSIONER COYLE: No. Thank you very much. We're
going to have our next regional meeting coming up in June, and I just
needed to get your okay to at least explore this. You'll still have an
opportunity to approve or disapprove any grant participation that we
wish to do, so I just wanted to make sure that it was okay if! --
COMMISSIONER FIALA: Absolutely.
COMMISSIONER COYLE: -- carried that forward.
COMMISSIONER COLETTA: And are the minutes of the
meeting in more than one language?
COMMISSIONER COYLE: Yes.
CHAIRMAN HENNING: All you have to do is turn the page
upside down.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: (Absent.)
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: And opposed?
(No response.)
COMMISSIONER COYLE: Thank you very much, Mr.
Chairman.
CHAIRMAN HENNING: Thank you. Motion carries, 4-0.
Item #10C
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May 13,2008
REVIEW AND OBTAIN APPROVAL OF THE RECENTLY
COMPLETED PROPOSED MANA TEE PARK MASTER PLAN,
OBTAIN DIRECTION FROM THE BOARD OF COUNTY
COMMISSION ON HOW TO PROCEED AND APPROVE A TIME
AND MATERIAL, NOT-TO-EXCEED PROPOSAL TO CORZO
CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS)
TO DEVELOP A DESIGN CRITERIA PACKAGE TO BE
UTILIZED FOR A DESIGN-BUILD BID PACKAGE AND
SOLICITATION - APPROVED W/CHANGE
MR. MUDD: Commissioner, the next item is lOCo It's to
recommend to review and obtain approval of the recently completed
proposed Manatee Park Master Plan, obtain direction from the Board
of County Commissioners on how to proceed, and approve a time and
material not-to-exceed proposal to Corzo, Castella, Carballo,
Thompson, Salman, P.A., which is C3TS, to develop a design criteria
package to be utilized for a design-build bid package and solicitation.
Mr. Gary McAlpin, your coastal zoning management director,
and Barry Williams, parks and recreation director, will present.
MR. McAPLIN: Thank you, Mr. Mudd. For the record, Gary
McAlpin, coastal zone management.
Mr. Chair, staff was directed to develop a proposal to develop the
60-acre parcel in East Naples located adjacent to Manatee Elementary
School -- it's in the vicinity of Roost and Manatee Roads -- into a
predominantly passive park with isolated active elements to it.
We have received extensive local community input into this park,
and we're presenting to you two recommendations today. And the
first recommendation -- the first item that we would like to do is phase
this park.
We're recommending that the park be developed. The initial
phase would be for the park development to develop the infrastructure.
That it would be completely developed. The infrastructure
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development would include the earth work, the utilities, the drainage,
and the roadways. So this whole site would be completely developed
from a footprint point of view.
And then moving forward with the park features, it would include
a dog park in this corner right in through here. We would have with
that a maintenance compound located over here. We would have
tennis courts, volleyball courts, horseshoes, boccie, playground and
splash area for the children, golf green, picnic areas, and an open play
area that would be supported by rest rooms, pathways and shelters.
Our first phase of this project, Mr. Chair, would include no
community center right in through here and the parking would be
reduced to support no community center.
The lake feature on the existing lake -- this is approximately the
boundary of the property right now. This piece, this lake, is owned by
the school board. This would be deeded over to the county. The lake
would be expanded. It would be completely dredged. The dredge
material would be used to -- for the fill development on site.
And we would retain ownership of the lake and we would fence
around it, so the whole property would be completely fenced, making
this a usable lake feature for the park.
The cost of this portion of the -- of the project, which we call
Phase I, would be about $8 million. So what we would have in here is
complete park, passive facilities only with no community service
recreational building.
Phase II, would develop the community service building
complex, and that would be a 6,700-square-foot community center
which would have the capacity for 235 people, a 3,500-square-foot
fitness center with the capacity of 40 individuals, 6,700-square-foot
day care facility for approximately 150 children, and that expansion
would cost $7 million, making a total cost to this park as we see it
today at a $15 million investment.
We were seeking funds, if you elect to move forward with this
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package, Mr. Chair, to develop a design criteria package so that we
could develop a design bid program here. Design bid because with an
infrastructure facility like this, it lends itself very nicely to that type of
program.
We would develop the design criteria, we would do some of the
engineering, we would do some of the permitting, we'd tie it up into a
package, go out and bid it with the Phase I and Phase II, we would see
what kind of pricing we came -- got from the contractors.
Contractors would bid both to finish the design, to finish the
permitting, and to do the construction, and we would bring that back
to you for an actual direction on how to proceed, if to proceed.
So that's our proposal to you, Mr. Chair. We're looking for
direction at this point in time. This item came to the Parks and Rec.
Advisory Board on 4/16 and it passed with unanimous vote. This item
would be -- funding for this item would be from the parks and rec.
fiscal impact fee fund, fund 346.
And currently, what we -- it has sufficient funds to pay for the
one-ninety-three $950,000 that we're looking for for this park to do the
design criteria package, but funds are not available to do -- complete
funds are not available to do the first phase of this project.
So we're looking for direction on how to proceed at this point in
time.
CHAIRMAN HENNING: Commissioner Fiala has a question
before we go to public -- I mean after we go to public speakers.
MR. McAPLIN: Okay.
CHAIRMAN HENNING: If you don't mind.
MS. FILSON: The public speaker is Phillip Brougham.
MR. BROUGHAM: Brougham. You're very close. It's more
efficient to read this. Thank you very much.
Commissioner Henning and fellow Commissioners. My name is
Phil Brougham and I live at 8587 Pepper Tree Way in East Naples.
I have been interested and involved in the proposed Manatee
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Park since November of 2006 when the first meeting was held with
residents in the area to solicit their suggestions for park amenities.
As you all recall prior to that time, the park was being planned
for a soccer complex, which was certainly out of character for the
neighborhood.
In any case, the area residents provided many constructive
suggestions, which have been incorporated in the design that you have
before you today. Perhaps a first of its kind in Naples, certainly in
East Naples. This is truly a fantastic design, and your staff and their
design consultants should be congratulated.
The design is being called passive, but I believe that it is a park
designed for families and persons of all ages, from the toddler to the
retired folks, which constitute the majority of the residents in the
surrounding communities.
The heart of this park, at least in my opinion, is the community
center which will provide meeting rooms, a fitness center and space, at
least at this point, for a day care center. The community center would
be a magnet for the area residents bringing them together for games,
exercise or just chatting with each other.
There is no other community center in East Naples, at least
without driving a significant distance; however, the proposal you have
in front of you today recommends that Manatee Park be constructed in
two phases with the second phase being the community center. I
believe that would be a mistake and an elbow to the ribs of the
excellent community participation which contributed to this design.
I understand that phases are being recommended because of
funding concerns. Parks and recreation currently has $2.4 million
earmarked for this park. It is estimated to cost 15 million when
completed with the community center, if space for a day care center is
included. Without the day care center, the cost is estimated at 12
million.
At the public information meeting held in East Naples on May
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8th, the majority of the residents in attendance did not favor inclusion
of the day care space.
Construction of the park will certainly span at least two, if not,
three years, and during that period, additional impact fees, albeit
reduced from prior years, will flow to parks and recreation to
complete the funding.
I see no reason to phase this park. In fact, the word phase brings
up concerns that after Phase I, commitments may wane, and we may
never see Phase II, which is the community center.
East Naples needs this park. We have waited a long time for a
park like this in East Naples, while we have watched numerous parks
in North Naples being constructed. I would urge you to approve the
proposal for the design of Manatee Park that you have before you
today, however, with the stipulations, number one, it not include a day
care center. Why spend the money to design something that the
residents have expressed opinions against?
And two, that firm direction be given to make completion of this
park, including the community center, the top priority for parks and
recreation before investing in park locations elsewhere.
I believe the residents would prefer to wait a bit longer for a
complete park than be forced to settle for a park without a community
center as its heart.
Thank you very much.
CHAIRMAN HENNING: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Questions for staff?
COMMISSIONER FIALA: I have a bunch of things, in may.
First of all, the community center, we're just thrilled about having
a community center there. We don't have a fitness center yet in East
Naples. Actually only one park has a community center, and it's a
very, very small one. It really can't accommodate too, too many
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things, and that's okay.
The phasing portion has been a concern, I think, mainly because
when they were going to phase in Eagle Lakes Community Park and
part of that Eagle Lakes Community Park was a community center
and we still don't have one, and that's been up for, I don't know, II
years, 12 years, something like that. How many years?
MS. RAMSEY: Six years.
COMMISSIONER FIALA: Pardon me?
MS. RAMSEY: Six years.
COMMISSIONER FIALA: Six years? Well, it was there before
I was on, and I've been on the commission eight years. Doesn't make
any difference. It's been a while.
And it would be -- but I was thinking of a good plan. The day
care center, actually our people weren't even going to build a day care
center. This wasn't an idea of our parks and rec. department. What
they were -- they were encouraged to do that by the Marco Island
YMCA because the YMCA really wants a day care center. They have
some extra funding, I guess, and they want to build a -- they want to
do some day care off of Marco Island.
So I was thinking, maybe there would be a way we could
incorporate both things. Maybe instead of having the day care center
here at Manatee, which is going to be designed more as a family park
but heavy emphasis on retired people, maybe we could take that day
care center, as long as the YMCA wants to pay for it, put it over at
Eagle Lakes, as long as they would incorporate an office in it, because
right now we can't have a park manager at Eagle Lakes because we
don't have an office.
So we would have an office for the parks manager, and let the
YMCA take care of the day care center, and maybe we could even use
that at other times. So that's one -- and I'm looking at the look on
Marla Ramsey's face. It looks like that isn't going to hit too well. But
anyway, I thought that would be a good idea.
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Also -- because I think that that way then the kids in that area,
there's -- next door to Eagle Lakes there's Whistler's Cove, and next
door to that is Naples Manor, and across the street from that is
Treetops, and next door to that is Trail Acres, and then we have -- we
have Victoria Falls.
They're all just loaded with children, and -- right there by Eagle
Lakes Community Park, I thought that would be an appropriate place,
especially if they're building a place for 150 kids. That might just give
them a day care center there that the YMCA wants to -- wants to
operate, and the kids would be able to -- and the parents would be able
to get them there easily. Okay, fine. Now that was that.
And the phased approach, I would just ask, if you -- and if we
don't have the money, we don't have the money, but if you wouldn't
spend any money on anything else until you finish this park. That's
what I would like to see. From start to finish, from community center
all the way through to all the amenities so we have one complete park.
So that's my request.
CHAIRMAN HENNING: Boy, you're really cookin'.
COMMISSIONER FIALA: Yeah, I am.
CHAIRMAN HENNING: Are you done cookin'?
COMMISSIONER FIALA: Yes, I am.
CHAIRMAN HENNING: Commissioner Coyle, then
Commissioner Coletta and then Commissioner Halas.
Commissioner Coyle?
COMMISSIONER COYLE: Oh, I see.
CHAIRMAN HENNING: I think I said that right.
COMMISSIONER COYLE: I thought you really meant
Commissioner Coletta, but that's all right.
COMMISSIONER COLETTA: He did mean that, but he
deferred to you.
COMMISSIONER COYLE: You know, I don't have any
problem with the community center. I have a real big problem with
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getting involved doing baby-sitting for the community, of the
government getting involved in doing your child care. I just don't
think that's the kind of business we need to be in. There are private
organizations that are far more capable of doing that.
And when it comes to that, I received some complaints when we
finished up the water park up north about -- from people who are
providing physical fitness training and that sort of thing. They're
saying, look, you know, how can I operate my business when you're
taking taxpayer money, building these facilities, and all my customers
are going over to use the county facilities? You're putting me out of
business.
And I just -- I think we need to get some understanding as to
what the role of government really is here. And I would prefer that we
not get involved in competition with private industry, and certainly
from a day care standpoint.
I don't know. The county attorney might tell us differently, but I
just shudder thinking about the potential liability problems associated
with that. I don't know what kind of waivers you might be able to get.
I also sort of wonder how that works with our interest in making
sure that the funds in the facilities are used by American citizens, but
that opens up another can of worms that I can't even begin to
comprehend.
So I don't -- I don't think that this is a good plan, okay? I really
don't. And I'm reluctant to approve expenditure of this kind of money
studying something that contains these elements.
Now, if we have a plan to build a community center and we have
the money, I'm all for it. I'd be happy to support you, Commissioner
Fiala. But again, I think we need to deal with what we've -- we're
beginning to describe as essential services. What are the essential
services of our community.
And we're not going to have a lot of money for frills. And if
private industry can do these other things -- and I think they can better
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than we can -- I would prefer not to spend taxpayer money on it. But
community centers serve a really good purpose, and East Naples has
been sort of left out on that for a while, and I would support the
community center operation.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I'm excited about this.
Could you put up the ground layout again, please. And then I'm not
too sure if it would be you, Barry, or another staff member that I ask
the question to.
I'm a little bit concerned about -- I mean, I want this park. I think
it's an absolutely beautiful idea, but there's also a park that we're
looking at out at Orangetree that's been in the works for some time
now.
MR. WILLIAMS: Yes, sir.
COMMISSIONER COLETTA: I know there's a master plan out
there how we're supposed to divvy the monies up so that everything
gets done at a certain point in time.
Would this upset the equilibrium as far as everything's been
planned to come out if we all of a sudden targeted Manatee Park for
full out -- built now and then put everything else on hold? How would
this all work?
MS. RAMSEY: The -- I think it's called the Big Corkscrew
Island Regional Park is what you're talking about, and it's been put on
hold mainly because the utilities section has been put on hold, the
wastewater and stormwater element in there.
They have to come through our site, the park site, and put down
all their infrastructure through the park site, all the pipes, et cetera, in
order to get to their location. And so we're put on hold for a number
of reasons -- that's the first reason -- in the fact that I have to have all
of that infrastructure down before I put the park over the top of those
pipes that go underneath there.
COMMISSIONER COLETTA: This is upsetting because now
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we have the sewer and water treatment plant being put off for many,
many years in the future because there's no need. So all of a sudden,
an area that's grown by leaps and bounds and has nothing to offer its
residents for one heck of a distance as far as regional park goes --
CHAIRMAN HENNING: Commissioner Coletta, I hate to
interrupt you, but the item on the agenda is about the Manatee Park --
COMMISSIONER COLETTA: Well, we're talking at a level of
what we're going to do as far as how we're going to expediate the
building of it. And my concern is that we're going to divert funding in
such a way that the people in the area that I represent are going to be
behind the eightball for the rest of their natural lives.
I mean, we're -- and all of a sudden, I'm hearing about a problem
that exists that has never been revealed to me in all the meetings I've
had. We'll take this up afterwards.
But meanwhile, I need to be able to make sure we've got the
option to be able to do something with Orangetree, whatever it is.
There's all sorts of ways around this as far as providing some
amenities for the people out there, even if it's a little bit of a piecemeal
approach.
But the real issue I wanted to get to -- let's go back to Manatee
Park. I'm absolutely thrilled about the lake that's on this park
property, and I'd like to see it considered when we're -- they're
dredging the lake and they're doing the work on the lake, that they do
it in -- keeping in mind that it would become a recreational fishery to
be able to be enjoyed by either maybe just the youth of the area, catch
and release type thing, no motors allowed, but another thing that the
people -- another amenity that the people can enjoy in the area. If the
lake is not managed from the very beginning in that direction, it will
not be able to offer the fishing experience for people that may wish to
do it.
MS. RAMSEY: The size of the lake is about 15 acres, and we do
hope to be able to have some fishing in that as long -- as well as
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May 13,2008
there's been a request for a remote control sailing club that would like
to come down and use it as well.
I do want to address the first element that you have. Right now
in my reserves I have somewhere around $4 million that has been
unallocated toward projects. And our impact fees are probably
coming in about 2.4 million off of our budgeted of 8.4 million. So
we're about $6 million off this year. And so funding is going to be an
issue, whether it be Manatee or any other park at this time,
Commissioners.
CHAIRMAN HENNING: Okay. Commissioner Fiala would
like to put this -- would like to shelf this and give direction to build the
Eagle Community Park; is that correct?
COMMISSIONER FIALA: Uh-uh, no.
CHAIRMAN HENNING: Just the opposite?
COMMISSIONER FIALA: No. I'd rather just shelf the day care
center and just build this, period. I think that we'd love to have this
park and have it --
CHAIRMAN HENNING: Okay. I misunderstood.
COMMISSIONER FIALA: -- have it finished completely.
Thank you.
CHAIRMAN HENNING: I'm sorry. Commissioner Halas?
COMMISSIONER FIALA: And you know what I didn't say
before? It was because of all of you commissioners that we're able to
get this far. You guys supported me when I said, you know, we have
to listen to the community and build this. And you guys all were
there, and I really appreciate it. And I just want to say that this
wonderful park that's going to be built is going to be because of that,
and it will have fishing, and hopefully our boats and so forth. It's
going to be wonderful.
Thank you.
CHAIRMAN HENNING: I'm sorry, Commissioner Halas.
COMMISSIONER HALAS: Yeah. I was wondering if -- with
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the dredging of Eagle Lake, if that will be a good place for beach
access. You could haul in beach sand maybe and have beach access
right there.
COMMISSIONER COLETTA: And a short pier?
COMMISSIONER COYLE: Yeah, and a pier. A pier would be
lllce.
COMMISSIONER HALAS: Yeah, so somebody could take a
walk off it.
COMMISSIONER COLETTA: A meeting facility.
COMMISSIONER COYLE: A long walk.
CHAIRMAN HENNING: Now you're cookin'.
Commissioner?
COMMISSIONER FIALA: No, that's it.
CHAIRMAN HENNING: Could you give us some guidance?
COMMISSIONER FIALA: Yes. I would like to move forward
with this, and I would like it, if you can, please, to put it into your plan
so that we continue as the impact fees come in next year, to finish this
park off, and let's finish one completely and then start the next.
Yes, Mr. Mudd? He's suffering there.
MR. MUDD: I don't want to -- I don't want to build an
expectation that this park is going to get built next year. My
guesstimate is, we'll start this park five years from now based on the
impact fees that we're getting and the $2.7 million that you have in
reserve in the impact fee accounts.
COMMISSIONER FIALA: Plus the 4 million?
MR. MUDD: No. That's 2.7. If you looked at the email that
was --
COMMISSIONER FIALA: I did.
MR. MUDD: -- given that your aide received, Sue Usher gave
you the bottom line about 2.7 million.
Ma'am, that's what we've got right now. Impact fees are down.
You still have a $3.1 million payment that you make based on bonds
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for the North Regional Park out of that impact fee.
So it's not straight, here's what my impact fee money is and
there's no debt that you're paying off. You're paying off a debt with
that impact fee.
So all I'm trying to get at is, I don't want to build an expectation
right now that it's going to get built next year. Ma'am, if the board
says what money you have when you get it, you accumulate the
impact fee until you have enough money to buy -- to build this park
and that's what you do, so be it. But let's not put a time frame on it,
because I can't tell you right now in the impact fee collections where
we're at.
COMMISSIONER FIALA: Okay. Let me say this. We've been
on the short stick, the short side of the stick many times. We haven't
had a park finished. And all I'm asking is the same thing as other
people get. We haven't had that.
So if you want to accumulate all the money and not spread it all
out until you get it accumulated and build this park, fine. Then just --
let's allocate the $190,000 to get the design study done. But I would
ask that, and I would ask, please finish this park. I would ask the
commissioners to vote with me, let us finish one park in East Naples.
I'm sorry about your Orangetree. I know that --
COMMISSIONER COLETTA: No, I'm very sorry.
COMMISSIONER FIALA: But at the same time, your parks in
Golden Gate, Golden Gate Estates, and Immokalee, you have many
more things than we have in our parks. And it's wonderful that you
have them. I'm just asking for the same.
COMMISSIONER COLETTA: No, and I understand. And I
have to ask for the same also. Immokalee is an animal all by itself.
The parks are overutilized. They don't have enough room within
them. You've got to come all the way back into Golden Gate City to
be able to utilize anything.
The people that live out in the Orangetree/Waterways area, they
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have nothing, absolutely nothing. They've been waiting forever.
We've got this on the board. We got it going forward; now we find
out it's being held up because of the utility thing.
So, you know, for me to say that this should take precedence over
Orangetree and Waterways, I think both of them are important.
COMMISSIONER FIALA: Oh, I do, too, as long as --
CHAIRMAN HENNING: Boys and girls, boys and girls?
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: This is a budgeting problem.
COMMISSIONER FIALA: Yes.
COMMISSIONER COYLE: That's all it is. Everybody thinks
we ought to have these amenities for our communities. It is a
budgeting problem, and we can't take them up piecemeal at BCC
meetings until we get to the budget and we understand what revenues
we've got, what kind of impact fees we've got coming in.
I don't know that you can even legally say accumulate all the
impact fees for all of Collier County and put all that money into one
district. I don't know that you can legally do that. Maybe so. Okay.
But in any event, the time to discuss this issue is when we get our
projections of our revenues and we take a look at what our essential
services are going to cost us for this next year, and then we evaluate
what monies are unallocated, if any, and then we can try to make
decisions like this.
But for us to make a decision like this right now to spend whether
it's 12 million or 14- or $15 million on this park, it's impossible for us
to do that. You just can't say, yeah, let's go ahead and finish this park.
There's no way to do that. We have to do it in the budgeting process.
COMMISSIONER FIALA: As we did with the North Naples
Park for the 53.8, you mean?
COMMISSIONER COYLE: As we did with everything else.
COMMISSIONER FIALA: Okay. I would hope that I have
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your support.
CHAIRMAN HENNING: So entertain a motion to expend the
monies; what is it, $200,000?
COMMISSIONER FIALA: A hundred ninety-three thousand,
nine hundred fifty dollars.
CHAIRMAN HENNING: For the design criteria package?
COMMISSIONER COLETTA: I'll second that for you,
Commissioner Fiala.
COMMISSIONER FIALA: Thank you.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I don't know that you can do that
either. What is it we're telling the staff to study? We've already told
them to eliminate the day care thing. What is it you're talking about
studying if we give you this $200,000?
MR. McALPIN: Commissioner, what you would do is you have
a conceptual design right now. That the 2 -- what the $193,000 --
what you would do is you would develop a package sufficient in detail
so that you can go out and bid this project, and you could -- you would
-- it would be a -- you would not develop the design package 100
percent. You would develop design concepts, take it to a point where
you know that -- the approach you want to use for the design, you
know the permitting, and then you'd take it out and bid it for the
contract to finish up the rest of the design and bid on the scope of the
work so--
,
COMMISSIONER COYLE: How am I going to get somebody
to study a design if I don't know if it's going to have a day care facility
and a fitness center and a number of other things associated with it?
You see, nobody's said that we're going to eliminate anything. We've
just -- we've just had a motion that said, let's approve this.
MR. McALPIN: Commissioner, what we -- what I think we
would do is break it up in pieces so that we would pull together the
infrastructure without a community service building and then bid the
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May 13,2008
building out or develop the building in pieces so that we could bring it
back to the board. And at that point in time we would have good
numbers and the board could make a decision on how to proceed, if
they would like to proceed at all.
COMMISSIONER COYLE: And you're going to assume that
you'll dredge the lake to its -- its ultimate extent of 15 acres from the --
at the very beginning?
MR. McALPIN: We would dredge, we would -- the
infrastructure would be complete, the lake would be dredged so that
we would not have to go back in there at some point in time in the
future and do it, which would be very expensive. And that would be
the approach we would take.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: Okay. So I'll make that -- the
motion was that we spend $193 (sic) and -- $193,950 to study the
design build bid package and eliminate the day care center.
COMMISSIONER COYLE: And how about the fitness center?
COMMISSIONER FIALA: No. You know, we don't have one
in East Naples at all.
COMMISSIONER COYLE: Maybe some private company will
see that as a market opportunity and do it.
COMMISSIONER FIALA: Well, I think we should include that
in any case. I don't want to eliminate it.
COMMISSIONER COLETTA: If! may?
CHAIRMAN HENNING: Commissioner?
COMMISSIONER COLETTA: We have fitness centers in North
Naples, in Golden Gate Estates, and Golden Gate, so why not in East
Naples, too? I mean if we're going to eliminate it, we should
eliminate it from all of them, and I --
COMMISSIONER COYLE: I'm okay with that.
COMMISSIONER COLETTA: -- don't think that would be
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acceptable.
COMMISSIONER FIALA: But they're already there.
CHAIRMAN HENNING: We've already got a motion on the
floor. Let's get through this one.
Okay. Discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Motion carries 4-1.
MR. McALPIN: Thank you.
CHAIRMAN HENNING: Do we want any more motions?
COMMISSIONER COYLE: No, not --
CHAIRMAN HENNING: Fitness centers?
CHAIRMAN HENNING: Next item?
Item #IOE
RECOMMENDA TION FOR DIRECTION ON THE TYPE,
CONTENT AND TIMING OF REPORTS THE BOARD OF
COUNTY COMMISSIONERS WOULD LIKE TO RECEIVE
FROM THE CLERK OF COURTS ON THE TAXPAYERS
INVESTMENT PORTFOLIO - CLERK TO PROVIDE A
QUARTERL Y REPORT (CURRENTLY AVAILABLE ON
CLERK'S WEBSITE) VIA E-MAIL TO THE COMMISSIONERS
MR. MUDD: Commissioner, next is I DE, and that is a
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May 13, 2008
recommendation for direction on the type, content, and timing of
reports the Board of County Commissioners would like to receive
from the Clerk of Courts on the taxpayers' investment portfolio.
Mr. John YONKOSKY, office of management and budget
director, will present.
MR. YONKOSKY: Good afternoon, Mr. Chairman,
Commissioners.
My name is John YONKOSKY. I'm your budget director.
Agenda item I DE is a request for the board to provide direction
regarding the content, type, and frequency of reports from -- that you
would like from your investment portfolio.
The last time that the board provided guidance regarding the
investment portfolio was January 22, 2002, when the board adopted
resolution 2002-42, and that made two modifications to your
investment policy.
The first modification was to increase the composition for U.S.
instrumentalities from 75 percent to 100 percent of the portfolio, and
number two is to recognize certain educational requirements for the
people that manage the investment portfolio.
On the 3/25 board meeting, the board received a report on its
investment portfolio. During that report there was considerable
discussion on the content of the reports, the frequency of the reports,
and laddering in composition and risk in the portfolio.
Your executive summary has a list of several items that the board
may want to consider as -- for inclusion in periodic reports from its --
on its investment portfolio.
The board's current investment portfolio does not describe the
contents of any monthly reports. It does provide that annual, quarterly,
and monthly reports will be presented to the Board of County
Commissioners.
These report currently are not presented to the board. They
reside on the clerk's website as the board discussed at the meeting in
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March. And basically, this report is to see -- or this executive
summary is to see what type of reports the Board of County
Commissioners would like to receive, what frequency, and what
would they have included in them.
CHAIRMAN HENNING: Mr. YONKOSKY, number 5, you
want a 10-year graph on the T bill, three month -- yeah, the
three-month T bill but a 10-year period, over a I O-year period?
MR. YONKOSKY: Yes, sir.
CHAIRMAN HENNING: You can probably get that on Google,
couldn't you?
MR. YONKOSKY: I certainly could. I would assume that you
could do that.
CHAIRMAN HENNING: I mean, the treasury bill is just
changed by federal government, correct?
MR. YONKOSKY: That's correct.
CHAIRMAN HENNING: Wouldn't they have a 10-year graph
of that?
MR. YONKOSKY: Commissioner, I'm assuming that you can
get that 10-year graph off of Google. What this recommendation is to
the board, to see whether or not they would like a report on a monthly
basis or on some kind of basis that compares your yield in your
portfolio to the three-month T bill, fed funds rate, the SBA rate, and
the two-year treasury. That's just a suggestion.
You may want to add more, you may not want that. That's not
uncommon. For example, that report is provided monthly to the -- in
Sarasota County and in several other counties.
CHAIRMAN HENNING: Well, isn't the SBA another one that
-- I mean, I'm trying to -- what do you want? Let me just ask. What
do you want as far as reporting?
MR. YONKOSKY: Mr. Chairman, it's not what I want. This is
just a shopping list, if you will, of different reports that you may want
so that you can review them on a period. The SBA rate is probably
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May 13,2008
not a good rate right now at all, but -- to include in there, but it is a
comparison. The SBA is not -- does not have a lot of municipal
monies right now. So it may not be a good one, but it's just one of
several. It's a shopping, if you will, of things that you might want to
have included in your monthly, or whatever frequency reports you get.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yeah. I think that this is -- the
information that you put into the executive summary, I think, was very
good, maybe not so much for each of the commissioners, but there
might be -- how would I put it -- a level of comfort for people who
would like to know how we invest their money since it's taxpayers'
dollars that we're investing in regards to the return, especially right
now under the economic situations that we have. It's very unstable.
We really don't know where this is going, and I think it would give the
taxpayers a level of comfort to understand what's going on.
I know it would give me a level of comfort, since I pay taxes, to
know what's going on with my investments. And if we give you
direction here in the items that we feel are important -- and I think
that's what you brought before the board here -- so that we have an
idea what the investments are and what they're doing, and maybe not
so much on a monthly basis but on a quarterly basis. That's how I
would feel, and leave that discussion open for the rest of my
commISSIOners.
But I think that what we need to do is go through this and pick
out what we feel is very important, and then maybe you can give us
some guidance in regards to the areas that we have most of the funds
in. And I think that would help us out a lot.
CHAIRMAN HENNING: I could go along with your suggestion
about a quarterly report.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I think we need to do
something maybe more frequently than a quarterly basis. The
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May 13,2008
problem that we're going to have is to collect the information that
gives a true indication of this performance of our investment portfolio.
But my -- my problem with trying to get comparisons of, let's
say, March ofFY-08 with March ofFY-07 is that I'm not sure how
meaningful it is because conditions change so much over a period of a
year, and our -- I presume our investments are dynamic. We get more
in sometimes than we get at other times. It's not necessarily uniform
so that there can be all sorts of fluctuation and variations from a
year-to-year month comparison that may be irrelevant.
And what I would be looking for is some way to -- and I'm sort
of swayed by item number four because it helps us -- helps us track
specific investments and gives us a better idea of how those
investments are doing.
But is there a way that we can get the information displayed so
that we can not only understand the interest rate of return on our
investments, but also appreciate any declines or increases in market
value of the investments so that we have a way of determining the
trend in portfolio value as well as rate of return for the -- for a
specified period of time, and maybe get that on a quarterly basis.
Do you -- does that make sense to you? Do you understand what
I'm trying to get at?
MR. YONKOSKY: Yes, sir, I do.
COMMISSIONER COYLE: How difficult would that be to pull
together, do you think?
MR. YONKOSKY: I think that, Commissioner, you would need
to ask the clerk.
COMMISSIONER COYLE: Okay.
MR. YONKOSKY: Maybe Ms. Kinzel can help with that.
MS. KINZEL: Commissioner, for the record, Crystal Kinzel.
We're currently putting a report out and we tried to take some of
the board's guidance from the March meeting that we had where the
clerk made a presentation on the investments. We took that guidance
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and tried to pare the report.
In the March report that's out there, for example, gives you
purchase date, call date, call frequency, par value, market value,
maturity date, and the average rate of return, including the cost
balance and our weighted years of maturity.
We didn't participate in preparing the executive summary, but I'm
here to take back anything that you might offer to the clerk. Just to
advise the public that it is out on the clerk's website.
We had more information probably prior to March. It was
different. It had some graphs associated with it, but we have tried to
put it out to the public information everything from rate of return to
the types of instruments that we're investing in.
But currently -- we took some information that you gave us in
March and thought what you expected, we did put out there in March.
But I'm here to take back any information you would like to the
clerk's office.
COMMISSIONER COYLE: Well, I guess my point is -- and it's,
I think, pretty much the same as the position expressed by the clerk
last time. We don't want to micromanage the thing, so we don't need
lots of raw data, except CUSIP numbers for the securities would be
helpful for a number of reasons. But it would be good to have some
summary information or some graphs or trends, and that would be
helpful to us on a more informational or management level.
MS. KINZEL: And, Commissioner, we did take that advice, and
we put out there for March -- we compared what you had specifically
talked about at the meeting, the federal funds, the T bill rate, and the
average weighted rate of the return here. We took that from October,
which is our current fiscal year, to try to trend our investment portfolio
to those instruments that you specifically identified. And we did put
that out there, and it is on the March website information, but --
COMMISSIONER COYLE: And how about the market value of
our investment portfolio?
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MS. KINZEL: That is out there on a chart, not graphically.
COMMISSIONER COYLE: Can we put that on a graph also --
MS. KINZEL: I'll take any information back to the clerk and
advise him.
COMMISSIONER COYLE: -- on the same chart where we're
graphing the interest rate comparisons.
CHAIRMAN HENNING: Okay. Is that enough direction?
COMMISSIONER COYLE: I doubt seriously if we'll be able to
come up in one meeting with all the things we need. What's likely to
happen is we're going to ask for some more information and we're
going to look at it and we're not going to understand it, and maybe it
won't make sense to us. We'll then have to ask for some information or
delete some of the information; maybe we're getting too much.
But we have a responsibility to be as informed as we possibly can
be on what is happening with our -- with our investments, and I hope
that we're beginning that process now.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Commissioner Coyle, do you feel
comfortable on a quarterly basis?
COMMISSIONER COYLE: I do at the present time. But like I
said, if we begin to look at it on a quarterly basis and then we say,
well, wait a minute, maybe we ought to look at this more frequently,
then we can ask for it to be broken out more frequently.
But I think that you'll find that a lot of this information can be
very overwhelming, and there's going to be a lot of it if we get all the
individual securities and begin to start looking at that.
But that's the way we're going to raise questions and search out
answers and then ultimately refine what management level reports we
really need. So at some point in time we'll get comfortable with it, and
then we'll be okay.
COMMISSIONER HALAS: I kind of feel that quarterly reports
for starting and then also compare that with what happened with the --
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with those particular funds that they were invested in for a number of
years, or at least a year, so that we can basically get a trend to see if it
remains the same? Is it increasing? And if it's decreasing, then I think
we need to figure out what we need to do over a certain time line
maybe to move those investments.
But I think I'm looking for guidance from the clerk probably also
since he's had a lot of experience through the years. And so whatever
we can give the clerk plus what his experience is, I think, on a
quarterly basis, I would feel comfortable with.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: I agree with the quarterly basis. I
think that's a good idea. Monthly, I think, is too much. And I like the
idea of a graph. I think that it's so much easier to see just by a glance.
So I go along with those suggestions.
CHAIRMAN HENNING: Great. Is that enough?
MR. MUDD: Commissioner, I need to ask one more question.
CHAIRMAN HENNING: Oh, I'm sorry. Did I miss you?
COMMISSIONER COLETTA: Yes. That's okay.
CHAIRMAN HENNING: I didn't see you. Please.
COMMISSIONER COLETTA: And this may be a revelation,
but I agree with everyone else. Thank you.
MR. MUDD: Commissioner, how would you like this
presented? It's on the website. Would you like Crystal or the clerk to
just give you quarterly update with a hyperlink of where the reports
are so you can go out to see them, you know, and then they'll be up to
date and you'll know it so you won't have to go back and forth? So
you've got an update, the hyperlink is on the email that you get. All
you have to do is punch the hyper link, and then you go right to his
website and go right to those reports, and then you can view them.
Did I complete that -- Crystal, help me here.
CHAIRMAN HENNING: Well, it -- Crystal, you do it on a
quarterly basis like you do at the first of April; it will be available on
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your website? Is it annual?
MS. KINZEL: Right now it's monthly. It is produced and put
out there monthly. It's not put out until probably the 20th of the
following month by the time we get all the banking reports, massage
the information, get the percents and the ratios calculated. It's posted
about the 15th or 20th of April for March, and each month is posted
now.
CHAIRMAN HENNING: Would it be too much ofa problem to
ask if you'd just send us an email with the link to it?
MS. KINZEL: I'll take that back.
CHAIRMAN HENNING: Okay. Yes, Commissioner?
COMMISSIONER COYLE: When we're talking about quarterly
reports, I guess what I'm really talking about is quarterly update, and
then we can see these graphs over the period of the entire year as the
year progresses, and maybe two years or three years, and we just keep
extending that, and we have these graphs, they're updated quarterly,
and you can take a look at them. And then if we want to ask some
question about, well, why did it go down here, then the clerk can
provide us some information that will answer our questions. Okay.
CHAIRMAN HENNING: Good. Thank you.
CHAIRMAN HENNING: We have a time certain, or is that 4:00
or 4:30?
Item #IOA
A CONCEPTUAL PLAN TO FINANCE OPERATING COSTS
AND CAPACITY RECOVERY IMPROVEMENTS ON COUNTY
ROADS HAVING CONSTRAINTS DUE TO TRAFFIC SIGNALS
SERVING NON-PUBLIC ROADWAYS AND DRIVEWAYS BY
USE OF A USER FEE FOR CONVENIENCE SIGNALS -
MOTION TO REJECT ANY IDEA THAT T AXP AYERS WILL
PAY FOR COST OF TRAFFIC SIGNALS OUTSIDE OF THE
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DEVELOPER'S CONTRIBUTION AGREEMENT (DCA) AND
STAFF GIVEN DIRECTION - APPROVED
MR. MUDD: It's at four o'clock, sir. And it's IDA, and this has
to do with the presentation to the Board of County Commissioners
regarding a conceptual plan to finance operating costs and capacity
recovery improvements on county roads having constraints due to
traffic signals serving non-public roadways and driveways by use of a
user's fee for convenience signal.
Mr. Bob Tipton, traffic operations director, and Norman Feder,
your transportation services administrator, will present.
MR. FEDER: Commissioners, for the record, Norman Feder,
transportation administrator.
Right now, currently, Collier County has 179 traffic signals on
the network. Of those, all of them have gone through at one time or
another a warrant study. A warrant study develops what are the
minimum criteria before a signal should be put in.
In that, all of these signals meet that warrant study . We check it
over time. And in fact, we have removed four signals based on what's
called dewarrant studies where they are no longer warranted and
they've been removed from the system.
Why is it important we look at this? Well, if you've driven on
Airport at Pine Ridge, you've ever seen the electricity go out, I think
you get an idea of why a signal is critical to allow people to utilize the
network to get from link to link and to get to the areas that they're
trying to seek to get to.
But we have 85 percent of that 179 that really serve that criteria
that are actually connecting people to other parts of the network.
That's a good portion of it, but there's 15 percent of those signals that
are really servicing only a particular sector, group of the population,
either into a community that has no other outlet or it's gated, or into a
shopping center that only services a clientele that are going to that
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shopping center.
And that's important because every signal we have on the system,
all 179, in and of themselves do take away capacity that you develop
when you built and added the lanes.
And as we look at what we've done over the last few years in
adding lanes and trying to respond to our capacity needs, play
catch-up and getting there, we're in a situation where now are widened
roads, there's going to be more and more demand for these items we're
calling convenience signals, the more mid block based, that are
basically servicing really only a select part of the populous, not
motoring public in general.
And so how do we respond to that? First of all, they have to
meet the warrants. We're not going to put in unwarranted signals. But
if they are warranted, especially as the volume on the main line
continues to grow, they create a situation where your operational
capability to get progression along the corridor gets constrained, and
even further, you lose capacity for that convenience issue. Where you
have it at Pine Ridge and Airport, as I said, the 85 percent of those 179
signals, you have to have that because it's providing interconnection
through the network.
But those 15 percent are issues that we need to find out, is there a
way we can respond to those? Can we at least go beyond what we've
done in some occasions where we've required new development that's
come in to pay for the signal to be installed and look at operation and
maintenance costs?
And in those operation and maintenance costs, there is precedent.
Other states do require that those costs to repaint the mast arms, to
replace the bulbs, to work on the controller, are -- and more
importantly the electricity to run those signals, be paid on an ongoing
basis.
You go further to look at trying to implement intelligent
transportation system approaches, SCOOT, others, to try to
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re-establish some of that efficiency that is lost for the motoring public
who pays in time and in gas costs for those additional signals in the
stream that aren't servicing interconnection, or do you go all the way
to the other extreme with the continuum and try to recapture the
capacity that's lost that you can show is due to those signals that are
only servicing the few.
Now, obviously, as we look at this, I've got 15 percent of the
signals today that at least we've indicated from what we're looking at
in the study would fit in that boat. But, again, going retroactive is
always very difficult. So we're raising this issue now to get the
discussion with the board and with the public for something we're
looking at. Do we go looking at things and only look at new signal
installations because more pressure will be coming as more volume
goes on the six-lane facilities that we have today and request comes in
and warrants end up getting met for possible signals?
Do we only look at operating costs? Do we look at
re-establishment of operational efficiency? Do we go all the way to
the issues of trying to recapture capacity on those new signals?
So these are the things we've been trying to look at. The reason
we're here today is an informational item only really because we have
the consultant and the outside counsel that's been looking at this. As I
said, the issues of operation have been done elsewhere, but nobody
has tried to recapture based on operational efficiency losses or in
capacity, and that is something that's plowing new ground, as we've
found out. So we asked them to check into it, look into the legality,
look at the ways we can address it.
We're still not there. We still can't answer some of the questions
on it, but I think we've made some progress enough so that we wanted
to bring the issue to your attention, bring it to communities' attention,
try to look at how we address these issues, and then come back to you
in November at transportation workshop that we have structured --
excuse me -- in December, that transportation workshop, with some
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further information after we hear what input that you have for us today
and obviously as we start getting out into the community when we get
some more information.
With that, I'd like to have Bob Tipton just introduce the
consultant and the attorneys that are working with us, outside counsel,
but then give you a brief overview of what they've looked at at this
point, then we're open to any questions.
As I said, it's an informational item. We can't answer a lot of the
questions right now in the particulars. More, we're talking about the
concept and is it something we explore further.
But I appreciate your time, and I'll ask Bob to produce the
contractor and the outside counsel.
MR. TIPTON: Thank you. For the record, Bob Tipton, traffic
operations director. And I am here to introduce Susan Joel of Van us,
Incorporated, the consulting firm that we used for this project, and
their outside counsel, Jim Dye of Dye, of Dye, Deitrich, Petruff, and
St. Paul.
And Susan, if you'd begin the --
MS. JOEL: Good afternoon. I'm Susan Joel with Vanus. I'd like
to take you through the presentation. Mr. Feder has gone through
several of the ideas that we include here, but we'll do it a little bit
slower so you can see what we've been looking at for about the last
year on these convenience signals.
CHAIRMAN HENNING: You can do it as fast as you can get
done. How's that?
MS. JOEL: Okay.
CHAIRMAN HENNING: Not slow, fast.
MS. JOEL: Okay. A convenience signal is -- because this is a
new terminology. And this is basically the definition of it. It's an
existing or proposed traffic signal that serves private developments
without interconnectivity to the public roadways. It's basically for the
convenience of those users on the side streets. And it has a maximum
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of two publicly owned legs at the intersection.
The next slide shows a sample on the left of a public signal, two
public roadways intersecting, and on the right, a, what we would have
coined a convenience signal type. That's at Bed, Bath & Beyond on
Pine Ridge Road.
Why are we considering convenience signals? The effect of the
convenience signals are: Lost capacity on county roadways. I think
we're all familiar with, we try to take those roadways to and from
work where there are the least number of signals because the capacity
is constrained with the more signals there are.
County incurs signal operating and maintenance costs with
signals. The public incurs additional delay and wasted fuel
consumption.
To determine what that lost capacity is, it's basically the service
volume of the roadway without that signal minus the service volume
with the signal divided by the original service volume. That becomes
a percentage.
This is the DOT level of service capacity roadways. If you look
at some of these highlighted numbers here, this shows the service
volume of a six-lane divided roadway where there are no signals. As
you'll see, that's a daily, approximately 93,000 capacity.
As you start to add signals, you see this is approximately 0 to 2
signalized intersections per mile on a road with -- roadway segment to
decrease at approximately 50 percent. And as you add more signals, it
decreases even further, and that's where we're coming up with the idea
that the capacity is actually reduced as you add signals.
This table here we did an interpolation of the DOT table where it
basically divides it out into quarter-mile signal spacing, what that
service volume would be, because typically signals are placed on no
less than a quarter-mile signal spacing.
Lost capacity conversion calculation. How do we actually
calculate this factor? Well, the DOT Generalized Level of Service
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handbook says the area of influence of a signal is approximately half a
mile, which would be about a quarter mile in each direction on the
main line.
So that would be our lost capacity, the formula we went through
before, times the half mile that's impacted. As we know, you sit in a
queue when you get to a signal -- unfortunately you sit there on the
main line -- times the approximate $8 million per lane mile, and that
amount would be divided over a 20-year life of the roadway, and this
could be a potential means of coming up with an annual cost of what
these convenience signals are increasing to the average motorist.
The signal operating and maintenance cost, as Mr. Feder talked
about, their power costs at each location. The routine maintenance,
the repairs, the signal system hardware or A TMS hardware, and the
staff time.
Public delay and wasted fuel. This was an interesting concept to
figure out how much is really wasted out there of the users time and
fuel when you're sitting there at a signal. So we did the analysis
assimilation using Airport-Pulling Road, which has six
convenience-signal type intersections, and Pine Ridge Road, which
had five.
And we analyzed just the p.m. peak hour, which is typically
when the people are coming home from work during the p.m. peak
hour, and we came up with 19 hours of delay is caused by one
convenience signal and 25 additional gallons of fuel. So we analyzed
with and without that signal, and this was the average that we came up
with using those two arterials.
The calculation of the cost to other motorists for the one p.m.
peak hour, based on those values, comes up with -- using a--
approximately $21 per hour rate of delay, would be about $394 an
hour.
And if you look down at the footer, it's based on national rates of
1460 per personal vehicle time, an average of 1.3 people per vehicle.
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And as I said, you just analyze the p.m. peak hour. You know
that these signals are causing delay all day long, but we just looked at
the worst time of the p.m. peak hour.
And the 25 gallons of fuel. As we know, that gas rate of3.57 has
probably increased since we put this PowerPoint together.
So that comes out to approximately $500 an hour of the cost of
delay and fuel during one p.m. peak hour out there.
Does such a convenience signal fee already exist anywhere,
which Mr. Feder had mentioned. We contacted, in our engineering
research, the Transportation Research Board, the Federal Highway
Administration, and the Institute of Transportation Engineers, and we
were not able to find that such a fee is in place nationally.
Legal research was conducted by Mr. Jim Dye. He contacted the
Florida League of Cities and the American Institute of Certified
Planners, and he, too, was not able to find such a fee that exists.
Our research determined that no such fee does exist and such a
fee is legal. And it is legal because it is a user fee and user fees are
charged for a service. The service must be a special benefit to the
user, similar to a convenience signal is a special benefit to those
private users. They are voluntarily. They have the option to not use
the service to avoid the fees. A user fee is not a tax and is not an
impact fee.
How could a user fee be determined? Direct costs, as we
discussed, signal maintenance, power, installation and operation and
maintenance of the IT system, the infrastructure costs, which I went
over a little earlier about the loss of capacity which requires additional
cost for the roadway.
Why consider this convenience signal fee? To recoup the costs
incurred by the county in lost capacity fee. These fees could be used
to improve the transportation system meaning intersection
improvement projects, the annual signal retiming program, the A TMS
or the ITS expansion projects.
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In summary, convenience signals reduce roadway capacity, they
create delays to the public roadway users, the user fee is legal and is a
novel idea, and user fee is optional.
The convenience signal user fee will benefit Collier County's
transportation system by providing funds to recover the roadway
capacity, the intersection improvement costs, the signal maintenance
costs, energy costs, signal retiming program, and the ITS element,
which you're familiar with your SCOOT expansion system.
Considerations for you, the board: Would a convenience signal
user fee make sense for Collier County in consideration of your
transportation system? If so, should it be retroactive meaning, would
we look to those existing signals, that are approximately 25, or would
we just look at the new signals?
Additional considerations for the board: At what level of the cost
recovery? Operation and maintenance only, or operations and
capacity enhancement funding for intersection improvement projects,
say, or full capacity recovery funding as we discussed early on in the
presentation using the DOT state tables as a starting point.
Considerations for the board: Should this transportation -- should
we bring this issue to the December transportation workshop for
further discussion?
I thank you, and are there any questions?
CHAIRMAN HENNING: There are several commissioners that
have questions. Are we done with the presentation?
MS. JOEL: Yes.
CHAIRMAN HENNING: Commissioner Halas, Commissioner
Coyle, Commissioner Fiala, Commissioner Coletta.
COMMISSIONER HALAS: Thank you. First of all, I want to
thank you very much for your presentation.
I think this is something that needs to be looked into. I just
looked at the website today, and the price of oil just went up to $127 a
barrel. I think they're projecting within two years it will probably hit
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$200 a barrel.
I think our problem is is that we've expanded these roads to six
lanes. Now we have to figure out how to make them more efficient
for not only the people that travel back and forth to work, but also for
the commercial aspect of the delivering products to stores, because I
think this is all going to have a great effect on the overall cost of the
products that the consumer's going to buy.
And as we know, if the price of oil goes up, obviously the price
of electricity's going to go up. The price of everything else is going to
go up like paint to paint the cross arms and maintain the lights.
So I really believe that we have to look at this. And when I look
at the overall chart, I see that even in my district, we have probably
the most amount of these convenience signals. If people want these
and they're at a gated community, I think there should be some type of
a fee that they pay to keep these installed, especially as we look at the
cost of doing business here with the cost of oil.
And we're not dealing just with a market here in the United
States. This is a worldwide market of petroleum products. And so
long as the economy is driven on petroleum-based industry, then I
think we need to look at this very carefully. And I think that
hopefully we can discuss this in more detail when we have a
workshop. I hope that we go in that direction.
But there is going to be a huge amount of pressure put onto us to
do something with this -- the lights as the cost of petroleum increases.
And even today I'm getting emails about -- that the timing of the
lights are too long. I have to sit there and idle for two minutes.
And I found that -- I've done a little experiment myself when I
get to large intersections such as Goodlette-Frank Road and the
Parkway in the morning. I get in the left-hand turn lane and I shut the
car offand wait until just about the time the light's ready to change,
and then I start the car up. And I found that doing this has lessened
my abilities to have to run to Sam's or Costco to put fuel in my car.
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So it does increase.
CHAIRMAN HENNING: There wasn't a question in that.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Just a couple of quick
points. Under no circumstances would I ever support the retroactive
application of this program. Number two, for every signal that you
label as a convenience signal, I can probably develop an argument that
it serves a safety -- an important safety function also for those
residents.
Nowhere in this presentation did I hear anything about safety.
Safety is one of the fundamental responsibilities that we have for our
citizens. And most of them asked for these so-called convenience
signals because they feel intimidated by the flow of traffic on these
major roads, and they can't -- they don't think they can get out into that
traffic safely without having the protection of a light.
There's a serious question here about whether or not we will be
able to reach a definition for these signals that gets around that, and so
I'm thinking that's going to be a problem.
The other question I ask is, why now? We have gone through a
major road expansion project, we have built roads, we have traffic
flowing better now than it has ever flowed in Collier County . We are
experiencing reduced growth. Our projections of future traffic
capacities on our roads will naturally be lowered by our smaller rate of
growth, and we don't know how long that's going to go on. It might go
on for two or three more years. Who knows?
And then finally, I can assure you that if we argue that there is a
capacity problem on these roads, our citizens have every right to
argue, it's not because of my light. It's because you have approved too
much construction in Collier County. And that is a -- is a position that
I would take with great vigor because every time I have staff come
before the Board of County Commissioners and I ask them, is there
adequate capacity on this road for this development? Oh, yeah, no
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problem. We can handle it.
I have seldom had staff come up here and say, you should not
approve this development because we don't have the capacity.
Now, from my standpoint, I would never even consider
supporting a concept of charging people for a traffic light, charging
residents for a traffic light, when we have consistently approved
development after development after development, by saying, yeah,
we've got capacity. There's no problem. Okay?
So, I think we're way premature with this, and I think the staff
ought to start thinking about, how do you control the growth of traffic
on our existing network rather than how you're going to charge
citizens in our communities for traffic lights because they impede
traffic. I'm not buying it. Okay.
MR. FEDER: Mr. Chairman, if I could, I appreciate the
commissioners' comments. Some very good issues.
CHAIRMAN HENNING: There is some questions of why now.
MR. FEDER: And that's what I wanted to try to answer.
CHAIRMAN HENNING: Okay, good.
MR. FEDER: First of all, why now? Now is because we have
expanded our system. We're getting close to being built out with our
maximum lane standard of six lanes within the urbanized area. The
traffic is continuing to grow. There'll be more and more pressure.
I heard the commissioner's position relative to going retroactive,
and I understand a lot of that issue because it's very hard to do
anything, go back retroactively. But I will tell you there's going to be
more and more pressure.
Right now only about 15 percent of the signals are characterized
-- and I'll go back to some of the other discussion -- as convenience
signals today. As you get more and more traffic on our six-lane
arterials and we cannot expand them further and new alignments
become very difficult, there'll be a greater demand.
And that's the point I was trying to make. That demand is
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coming. We're only now studying it. We're only starting now the
debate. Just like we discussed on the pier. We needed to bring that
issue out to the community and to discuss it.
To the issue of convenience is really safety, we have to look at
those issues, and I agree fully. Obviously our job first and foremost is
safety. But I need to point out to you that when somebody takes a
right-hand turn out and then comes up and has the ability to make a
U- Turn at a safe area, even at a signalized location, that is not a safety
issue. It is a convenience issue that they cannot come directly out of
their development and in the past were allowed to take that change
across four lanes, and in some cases six lanes, which we're trying to
make sure they cannot anymore, and trying to make it across six lanes
of traffic to make a left turn out without a signal.
Basically we're trying to directional those for safety, but we're
also saying that there are many of these occasions where it's going into
a gated community, some gated communities with three signals at
gated stops.
They are in a situation where they could come out from one, take
a right and go around, if their destination was different, in a safe
manner. We share the concern. We're never going to recommend
anything to this board that we feel is creating a safety problem.
To the "why now," as we said, we're coming to you in a
transportation forum and workshop in December. This issue is not --
not an item that is well known to anyone. We've been looking at this
issue for a while. We felt it was time to make sure the public got a
chance to know what we're thinking about and why.
Again, we're going to have greater demand for these signals to be
addressed. If they meet warrants, do we move on them because they
established that convenience and the warrants are met? They will
have more impact on the system when we've already six-laned and not
new alignments with the capability.
We have had difficulty within our budget, and our budget
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difficulties are growing. We've been encouraged to think outside the
box. And the fact of the matter is, we have not been able to
implement some of the intelligent transportation system efforts to try
and minimize some of that loss of operation efficiency.
This is an opportunity to try to bring that forward and say to the
general public who stands there maybe 20 cars deep at a light, when
one or two people pull out of an intersection -- and understand what
can be done to reduce that delay in time and in gas that they incur by
operational efficiencies up and down the network.
So that's why we're raising it now. I appreciate the concerns
about retroactive. From the start we realize that's a very difficult issue
on anything we've dealt with.
And then the last one I'll deal with is the issue of managing
growth. We share that. This board has taken a very strong position on
it, and staff has supported that all the way through.
Fact of the matter is, we've had some restrictions there, and we've
had a lot of development that was previously approved that we've had
to deal with.
So having said that, I think we've moved and still have a very
aggressive growth management orientation and will continue to. But
this is part and parcel to that.
Once we're built out a lot of the network and we don't have new
alignments, you look at it and the issue on concurrency is general
capacity. We're not saying that the signals we have right now have
taken away that capacity, but they do diminish the capacity. And if
we continue to get those in the future, we're going to have problems
continuing to respond to the development we previously allowed or
that's already vested and we know it's coming. That's the issues we're
trying to raise to you.
COMMISSIONER COYLE: Well, my final comment to that is,
before I am going to get onboard with trying to make citizens pay for
the traffic lights at their communities, you're going to have to come
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before this board and tell us we should not approve another
development that places another car on that road because you have
reached your maximum capacity.
Now, when that occurs, I'll start listening to taking out some
traffic lights. But until that occurs, I don't even want to discuss it,
okay?
MR. FEDER: I appreciate that.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Some of my concerns: You've
told us how much money is spent by the people waiting at lights while
they let people out, but you didn't tell us how much money is spent if
there was no light there for people trying to get out of a shopping
center or trying to get out of their home development, especially now
without a light. The traffic is moving at 45 miles an hour, and so it's
hard to dart out into traffic. Nor did you calculate in that figure how
much the accidents would cost the people who are trying to dart out in
front of the 45-mile-an-hour cars because there's nothing to stop them
at different intervals. I would have loved to have heard that.
I think health, safety, and welfare is a very important component
in this, and I don't think that it's figured in here right now. I would
like to see that.
I thought of another way to possibly do it. We already make the
people pay for the lights, and that's what, $500,000 a light or
something like that? And we already make them pay for it, chip in on
it, half of it, or whatever --
MR. FEDER: It's about 150,000, and some of them have -- and
we've been trying to seek that for the initial installation.
COMMISSIONER FIALA: I know that we get that money from
them. So now after we make them pay for the light, then we're going
to make them pay for the operations through something like this. Why
don't we just assign that job to them so, for instance, if the mast arm
needs painting -- and they could probably get it done, especially at
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Wal-Mart. They could haul some of their own people out and paint it
themselves or something, save themselves money so they don't have a
regular -- or if it's -- unless it's looking for a steady flow of money into
the transportation department, then that would be different. But if
you're just trying to relieve that responsibility of taking care of that --
and as we discussed in my office, maybe even hook up that electricity
from that particular light to their electric bill, and so then they pay for
it themselves.
Maybe we could -- rather than charging them a fee which might
be a lot higher than they could do themselves, try something like that.
And then if we -- and it says here that if we don't -- if they don't
want to pay for it, then it's their oblig -- you know, it's their choice not
to pay for it, but then we'll take the light out of there. So if we take
the light out of there, do we pay them back the money that they paid
for the light in the first place?
MR. FEDER: We may have an issue there, and we'd have to go
into modification. But also, if the issue was only perspective as
opposed to retroactive, that wouldn't come into play necessarily either.
In other words, ifl'm only looking at new development if, in fact, it's
only going to be convenience signal and we don't have the agreement,
based on ongoing costs at whatever level this board has said they find
it feasible --
COMMISSIONER FIALA: I can see some of the lights are more
of a convenience than others. There are some that are actually --
MR. FEDER: I think we--
COMMISSIONER FIALA: -- kind of preposterous really.
MR. FEDER: I think we heard that we have to make sure we
understand that definition fully and bring that as part of what we bring
back to you in December.
COMMISSIONER FIALA: Thank you.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I've been listening to the
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argument going back and forth. And there's some things that are--
that Mr. Feder's trying to relay to us. I mean, he's trying to make
plans well past today. He's looking at the situation, what it's going to
be.
Right now at this point in time, I haven't had a complaint in roads
in months. It's been a long, long time, where I used to get 10, IS of
them a day.
But we've reached the point now where everything is working
well, but it's not going to remain like that forever. God knows with
the turnaround of this economy, we're going to have it pick up again.
He's the forward looking to try to see where we're going to come
up with a revenue stream to be able to reach down and be able to take
care of this future need.
Commissioner Coyle's right to be concerned. You know, we're
not at the problem. The problem isn't there now. It's around the
corner; might be another four, five years from now before we get to
that point.
But he's trying to come up with a funding mechanism that will be
a little more predictable than impact fees and other ways to do it. It's
deserving of some consideration. But of course, every reason that was
brought up here for thought of why it shouldn't happen, there's another
reason to also consider it.
However, there's another aspect to this that, to me, weighs even
more into it. When the roads are crowded and you're moving from
point A to point B, there's a certain factor, the time factor that the
average person's going to lose. That time factor on any given road --
maybe there might be an increase of travel time of 15 minutes going
one way.
N ow, if you multiply that with the return trip, you've got a half an
hour. And if you multiply that times the number of people that are on
the road in the course of the day, now you've got time that's going to
equal into the thousands and thousands of man-hours, time that people
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could spend at a time. Everybody's making a small contribution of a
half an hour a day. But in totality, it comes out to lifetimes that are
lost.
So somehow we have to keep that factor in mind too as we're
moving forward. We did some equations way back when we looked
at the overpass and we were trying to rationalize out where we were
going to be as far as the savings was going to be in time, and I can't
remember those studies. But they were very helpful.
And I hope when we do bring it back that we can see that. I
think the public would have a much better grasp on it. Dollars and
cents means something to them, but it can be lost. But if you get
really personal and you say, this would be what it would mean as far
as the savings in your personal time, you might be able to stay a little
bit later at home in the morning before you have to leave, and you'll
get home a few minutes earlier. And when you start to add that into
the equation, then you might have the public buy in.
MR. FEDER: Appreciate that.
Commissioners, as I said, it's an informal item. We're not asking
for board action on it. I appreciate the guidance we've gotten. We'll
come back to you in December with a lot more details and obviously
to answer a number of issues you've raised today.
We are going to try, once we get a little more of this pulled
together in analysis, to also try to get some feel from the public.
That's part of why we've raised it today.
CHAIRMAN HENNING: We're not sure, Mr. Feder, if we're
bringing it back in December.
MR. FEDER: Okay.
CHAIRMAN HENNING: We need to get a motion on that. But
this was a bid and it came to the Board of Commissioners for this.
How much was that for?
MR. FEDER: Excuse me.
CHAIRMAN HENNING: The bid for the consultant and the
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May 13,2008
legal staff?
MR. TIPTON: Fifty-seven thousand dollars was the original,
and that included counts and such.
CHAIRMAN HENNING: Okay. Was that last year it came to
the board for approval?
MR. TIPTON: It was -- I don't think it came to the board. It was
less than what, $90,000. It was a work order under ongoing annual
contract, studies contract.
CHAIRMAN HENNING: Okay. You have up to $50,000, then
you have to come to the board. So this wasn't a bid; it was a work
order?
MR. TIPTON: Correct.
CHAIRMAN HENNING: That's the difference. It was a work
order, not a bid. Okay.
Do you feel that this will increase the capacity on the road,
increase the level of service on the road if we --
MR. FEDER: If the funding source allows us to go into some
intelligent transportation system, we could possibly increase capacity.
The main reason we're raising it is to see how we address upcoming
further demand that we feel is going to come. For additional signals,
it will pull away capacity over time.
Also I need to characterize that 57,000. The bulk of that was
doing studies of traffic for your upgraded signal system, as well we
used Vanus to try and help us on the study and review the literature
and the like.
CHAIRMAN HENNING: Well, don't tell Commissioner Coyle
it might increase the capacity on the roads because then we can
approve more development because we'll have that capacity.
MR. FEDER: Thank you.
CHAIRMAN HENNING: We'll keep that a secret.
The -- you know, I really believe what we need to do is properly
place the uses in Collier County. There are traffic lights out there that
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May 13, 2008
were warranted because somebody got in an accident. It would be a
shame that we would have to allow our public to have to pay for it so
they don't have to get in an accident in those certain cases.
I think it's going to be very, very difficult for somebody to come
up with a formula of who gets -- you know, gets out of jail free and
who doesn't. And to me, I don't want to have the workshop in
November (sic).
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Mr. Chairman, I can see the
headlines of the Naples Daily News tomorrow. Commissioners plan
to charge citizens for traffic lights. That's why I advised that this not
be placed on the agenda at this point in time.
So we have to be very careful about how we do this, and I'm
going to make a motion, and that motion is to reject any idea of
making citizens pay for the cost of traffic lights except through
developer agreements and have the staff concentrate on applying
appropriate growth management procedures to making sure that we
don't exceed our capacity on our highways or streets.
CHAIRMAN HENNING: I'll second that motion. And I also
want to say, what is being proposed has already been paid for through
people's taxes.
COMMISSIONER COYLE: That's right.
CHAIRMAN HENNING: So this is actually a new tax ifit is
ever approved, and that's why I second the motion.
Discussion on the motion?
COMMISSIONER COLETTA: Would you repeat it one more
time, the motion?
CHAIRMAN HENNING: Give staff -- give staff direction for --
to charge people under DCAs, development contribution agreements.
MR. MUDD: The motion was to reject any notion --
CHAIRMAN HENNING: Right.
MR. MUDD: -- that taxpayers in Collier County, existing or
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May 13, 2008
ones in the future, that will pay for traffic lights, okay, outside of DCA
agreements for future development where they contribute to a new
traffic light that goes on the particular system and have staff
concentrate on efforts to make sure that, from a growth management
aspect, we do not exceed the capacities on our roadways because of
new development.
COMMISSIONER COYLE: That's it.
COMMISSIONER FIALA: Wasn't there something about
eliminating the discussion in December at the workshop?
MR. MUDD: No, that is --
COMMISSIONER COYLE: That kills it.
MR. MUDD: That kills it.
COMMISSIONER FIALA: Oh, okay.
MS. FILSON: So we're going to cancel the December 8th
workshop?
COMMISSIONER COYLE: Didn't know it was scheduled.
MR. MUDD: No, they're talking about something different.
CHAIRMAN HENNING: Is it on my calendar now?
MS. FILSON: Yes, sir.
COMMISSIONER COYLE: Take it off mine.
COMMISSIONER COLETTA: I'll come.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. I understand where my fellow
commissioners stand on this, but I believe that when you make
statements that we're not going to have any more growth or infill, I
think we're going to get ourselves in a pickle here because the state in
their growth management ideas are going to make sure that that they
impact the rural -- or correction -- the urban areas more than the rural
areas.
And I really believe that we should leave the door open so that at
some other time we can address this because there is going to be an
impact. And I can tell you -- I understand where Commissioner
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Henning's coming from.
This is an -- a tax increase, but let me tell you, this is where the
State of Florida is going. When you decrease revenues via property
taxes, someplace else in the system it's got to be taken up. And I
believe somebody was talking about cheese in the mousetrap.
Well, this is the cheese in the mousetrap. It's the same idea as the
state right now is trying to sell our infrastructure. They don't have any
money. They've taken away from us. And I think that in the coming
years, this particular item is going to come to this board because with
the infill that's going to be placed upon us to direct this thing, all of
these roads are going to be impacted greatly.
CHAIRMAN HENNING: Any further discussion on the
motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Motion carries 4-1. Commissioner
Halas dissenting.
Y .?
es, SIr.
MR. FEDER: Mr. Chairman, with your indulgence, I appreciate
the board's efforts on this. I do want to point out that we are -- my job
would be a lot easier not to raise issues that I know nobody else has
done around the country. But I will assure you that I'm only doing it
to try and make sure we're doing the best we can with the system here.
We will continue to look at and think through this, and it mayor
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May 13, 2008
may not ever come back up again, and it won't come up from me at
board's direction. But at the same time, I think these are the types of
thing I want you to know that your staff is going to continue to try to
bring forward to you options and other available items. And by all
means, we take your guidance and we'll follow it. Thank you.
MR. MUDD: Commissioner, our next item is lOF.
CHAIRMAN HENNING: Do we need a break?
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Commissioner Fiala needs a break.
COMMISSIONER COYLE: I need a break.
CHAIRMAN HENNING: Yeah, we're going to take a
seven-minute break.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, Commissioners, you have a hot mike.
Item #IOF
A BUDGET AMENDMENT WHICH WILL ESTABLISH
APPROPRIATIONS TO PAY THE CLERK OF COURTS FOR
THE ANNUAL COST, INCURRED BY THE CLERK,
ASSOCIA TED WITH THE INVESTING ACTIVITY OF THE
BOARDS INVESTMENT PORTFOLIO - MOTION TO APPROVE
$125,000 (INVESTMENT MANAGER SALARY MENTIONED
AT MARCH MEETING) TO THE CLERK - APPROVED
Commissioners, this brings us to I OF. This is an authorization of
a budget amendment which will establish appropriations to pay the
Clerk of Court the annual costs incurred by the clerk associated with
the investing activity of the board's investment portfolio.
Mr. John YONKOSKY, office of management and budget,
director, will present.
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May 13, 2008
MR. YONKOSKY: Good afternoon, again, Commissioners. My
name is John YONKOSKY. I'm your budget director.
Agenda item number 10F is an authorization to establish an
appropriation where the $125,000 a year, that's the cost ofthe clerk in
managing the investment portfolio -- you adopt a resolution that says
that you -- basically states that you want all of your money returned
back to the Board of County Commissioners on a monthly basis. This
will eliminate the netting and provide the clerk costs that he is actually
putting out for managing your portfolio.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Question? Mr. YONKOSKY, how
do you know the actual cost?
MR. YONKOSKY: At the report the clerk presented to the
Board of County Commissioners he stated that his cost was
approximately $125,000 a year for the salary of the investment
manager and the Bloomberg service.
CHAIRMAN HENNING: What about his -- is there any
management cost on his part?
MR. YONKOSKY: I do not know that, Commissioner.
CHAIRMAN HENNING: Crystal, do you know is there any
cost to the clerk's office besides the management of these funds?
MS. KINZEL: Commissioner, for the record, Crystal Kinzel
with the clerk's office. We weren't a party to the preparation of this
executive summary, but it would not include that. I think the estimate
that Mr. Block gave at the meeting was an estimate of costs, and we
have not calculated those actual costs.
CHAIRMAN HENNING: Wouldn't you like the true cost of
those?
MR. YONKOSKY: Commissioner, the way that I envision that
this will work is that we will be invoiced for the costs, and if the costs
are significantly greater than $125,000, we'll come back and let you
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May 13,2008
know.
CHAIRMAN HENNING: No. The recommendation is the
Board of County Commissioners authorize the budget amendment for
$125,000.
MR. YONKOSKY: Yes, sir. Move the $125,000--
CHAIRMAN HENNING: Why don't we just -- Commissioner
Coyle, if you don't mind, approving it for the costs --
COMMISSIONER COYLE: Well--
CHAIRMAN HENNING: -- of these items.
COMMISSIONER COYLE: I wouldn't want to do that for the
same reason I wouldn't do it even for staff. You know, I hesitate to
just tell somebody, you know, bill me for whatever the costs are,
because that's pretty much a blank check.
I don't see anything wrong with transferring the money of
$125,000. If the clerk says, well, wait a minute, here's substantiating
documentation that shows it costs more than that, then we can have a
supplemental budget appropriation.
I'm not -- I'm not at all proposing that we refuse to pay the clerk
his fair costs for managing our portfolio. We have an obligation to do
that, and I think we should do it. And if 125- doesn't do it, then he can
come back and justify the additional cost.
MR. YONKOSKY: That's correct.
COMMISSIONER COYLE: But at least this gets some money
in there rather than us not providing anything at all.
MR. MUDD: Yes, sir. John's going based on the slide
presentation --
COMMISSIONER COYLE: Okay.
MR. MUDD: -- and he basically -- and remember the person that
did the audit that came in front -- who I don't remember his name, but
I do know he's from Florida State, he's a professor there -- basically
said that your cost is $125,000, then they talked about the percentage
of the thing, and he said it's a very reasonable rate. He even said it
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May 13, 2008
was low.
And that's all we're trying to do is establish that fact, put it out
there into the budget. When we get invoiced, then we pay the bill. If
it's above 125-, or if it's less than 125-, we roll it over to the next year.
COMMISSIONER COYLE: Yeah. Now, the only thing that
isn't in this executive summary is your other suggestion that the clerk
give back to us any monies on a monthly basis. That wasn't in this
executive summary. Is that included -- do you want that included in
the motion?
MR. MUDD: No, sir. That's part of your resolution.
MR. YONKOSKY: Right.
MR. MUDD: And that's also something that a judge has decided
and we're waiting on the judge's order to basically decide on this
particular issue if the interest is the clerk's and/or yours, and the
monthly report. We haven't got a signed order from the clerk yet, or
from the judge yet, and we're waiting for that --
COMMISSIONER COYLE: So we can't take any action on that
part?
MR. MUDD: Right now that's still in the court system in order
to get it resolved.
COMMISSIONER COYLE: Okay. I understood John to say
that he was asking us to make that approval right now. So we can't do
that. We're only dealing with $125,000, right?
CHAIRMAN HENNING: Yes, sir.
COMMISSIONER COYLE: Okay.
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.
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May 13,2008
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Item #IOG
TO AWARD BID #08-5035, ADMINISTRATION BUILDING
(BUILDING F) GENERATOR REPLACEMENT TO
SOUTHEASTERN COMMUNICATION SERVICE, INC., TO
PROVIDE FOR THE REPLACEMENT AND INSTALLATION OF
A NEW GENERATOR FOR BUILDING F ON THE MAIN
GOVERNMENT COMPLEX IN THE AMOUNT OF $1,226,635,
PROVIDE FOR ADVANCED APPROVAL OF A 15% CHANGE
ORDER AUTHORITY, AND AUTHORIZE APPROVAL FOR
THE NECESSARY BUDGET AMENDMENTS - APPROVEDW/
10% CONTINGENCY
MR. MUDD: Commissioner, that brings us to our next item,
which is lOG. It's a recommendation to award bid number 08-5035,
administration building, building F generator replacement to
Southeastern Communications Systems (sic), Inc., to provide for the
replacement and installation of a new generator for building F on the
main government complex in the amount of$I,226,635, provide for
advanced approval of a 15 percent change order authority, and
authorize approval for the necessary budget amendments.
Mr. Damon Gonzalez, your facilities management manager, will
present.
COMMISSIONER COYLE: Could I ask a question before you
start?
CHAIRMAN HENNING: Uh-huh.
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May 13,2008
COMMISSIONER COYLE: Why are -- why are we asking for
advanced approval of a 15 percent change order authority? You
know, how do you know there's going to be a change order? You
already got one in your pocket or what?
MR. GONZALEZ: For the record, Damon Gonzalez, facilities
manager, department of facilities management.
On the slide here, we're not asking for the actually change order
at this point. We're only asking for the 15 percent contingency.
Normally the procedure allows for 10 percent. We're asking for the
allowance of 15 percent if needed.
COMMISSIONER COYLE: Okay. Now, the executive
summary says you're asking for approval of 15 percent change order
authority. What you're wanting is a 15 percent contingency amount,
the use of which would have to be approved on a change order?
MR. GONZALEZ: If needed.
COMMISSIONER COYLE: By the board?
MR. CAMP: No. For the record, Skip Camp. By policy we
already have 10 percent. We're going into a huge project in an old,
old building with a lot of underground utilities, a lot of unforeseen
conditions. Instead of 10 percent you typically already give us in your
policy, we're asking for a 15 percent, just in case we need them.
Commissioner, by policy we already have 10 percent. And
again, because this is a very old building, a lot of underground
utilities, we can't forecast all those unforeseen conditions. So -- and
because this is going to go for nine months to a year on a very
complicated site and a complicated project, we're looking for IS
percent versus your basic 10 percent.
MR. MUDD: Commissioner, if you're uncomfortable with that,
approve it without the IS percent and -- approve the project and move
on. I mean, if we're going to deal with 5 percent, if he gets into that,
he can come back to the Board of County Commissioners and he can
talk to you about it, what happened to it, particular issue.
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May 13,2008
And we'll even set up a briefing on how the installation's going
four months into the project so the board will have an idea, because
this is the generator that supplies this building.
COMMISSIONER COYLE: Yeah. I would prefer that.
CHAIRMAN HENNING: You know, I don't know if you need
to do your presentation, but I have some questions. But I'll defer to
my colleagues before I do that.
COMMISSIONER COYLE: I'm okay. Go ahead.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yeah. I understand where staffs
coming from on this. I believe in their executive summary they were
talking about that this generator has been in place for over 30 years.
And if it's anything like some of our road projects where we don't
even know what's underground, I'm sure we've got the same problem
with this on campus here, and I can understand where you're coming
from on this.
And I have a trust in staff that if they don't need it, they're not
going to spend it. But I think they're just looking to cover themselves
in case we run into some real complications as we install a new
generator, trying to figure out whatever else is buried under there, and
also if there's been any fuel leakage, because I'm sure that we're going
to have to take care of the brown soil there.
So God only knows what's under there and what kind of
problems we're going to run into.
MR. CAMP: And until we unbury that tank, we won't know.
COMMISSIONER HALAS: That's right.
CHAIRMAN HENNING: But the road projects are 10 percent.
They're not 15 percent. I need to understand the uses in this building.
Is the Clerk of Court functions going to move over to the
courthouse when that building is done?
MR. GONZALEZ: Sir, the MIS offices or the -- their data center
will remain.
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May 13,2008
CHAIRMAN HENNING: Okay. IT and MIS is always going to
be here; there's no anticipation that they're going to move ancillaries?
MR. GONZALEZ: Correct.
CHAIRMAN HENNING: And this generator is to run the whole
building and not just those departments?
MR. GONZALEZ: Yes, sir.
CHAIRMAN HENNING: Wouldn't it be cheaper to replace the
building?
I don't understand the bid sheet here. I don't see where it adds up
to $1.2 million. Who's going to get the contract?
MR. GONZALEZ: Southeastern Communication Services. This
is a unit price bid. The first alternate was not accepted. That was for
a temporary generator. We incorporated that into another project
that's already going on, so that was not accepted.
The second line is the unit price. Again, right now we have in
the plans for the designated area that the piping and the conduit will be
laid out in. But if that needs to change once we get started in the
project, we have a set price per linear foot for that so we can adjust,
and we've already got the pre-set price so that we don't get taxed on
the back end.
And that's the same for the next line, which is for manholes.
Right now it's designed to be three manholes, but once we get into the
project, if there's a need for a fourth, we've already got a set price
that's already been bid out, so we don't have to go into negotiations to
figure out what the price is going to be for that change order.
CHAIRMAN HENNING: Is -- does this include permitting and
inspections costs?
MR. GONZALEZ: Yes, sir, yes, sir.
CHAIRMAN HENNING: This will have to be just inspected by
Collier County? You have to get permits just from Collier County?
MR. GONZALEZ: Yes, sir, the fire department also.
CHAIRMAN HENNING: And the fire department.
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May 13, 2008
COMMISSIONER COYLE: Oh, you'll never get approval.
CHAIRMAN HENNING: Well, we can give that money to the
clerk and collect interest on it. Okay. Thank you.
Any other questions?
(No response.)
CHAIRMAN HENNING: Entertain a motion? Motion to
approve with a 10 percent contingency. Is there a second to the
motion.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Second to the motion.
Discussion on the motion.
(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: Carries.
MR. GONZALEZ: Thank you.
Item #IOH
RESOLUTION 2008-147: THE CHAIRMAN TO SIGN A
FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION (FWC), FLORIDA BOATING IMPROVEMENT
PROGRAM (FBIP) GRANT APPLICATION FOR A
RECREATIONAL BOATING CHARACTERIZATION STUDY TO
THE COASTAL ZONE MANAGEMENT DEPARTMENT TO BE
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May 13,2008
AWARDED FUNDS IN THE AMOUNT OF $80,000 - ADOPTED
W/STAFF DIRECTION
MR. MUDD: Commissioner, that brings us to our next item,
which is lOH, which used to be 16D9, and it reads, a recommendation
to approve and authorize the chairman to sign a Florida Fish and
Wildlife Conservation Commission Florida Boating Improvement
Program grant application for a recreational boating characterization
study on the coastal zone management department -- to the coastal
zone management department, to be awarded funds in the amount of
$80,000.
And Commissioner Henning asked this item to be moved to the
regular agenda.
CHAIRMAN HENNING: Yeah. I'm going to make a motion to
approve, but I want to recognize and give guidance. This issue is
going to be another issue of an LDC amendment, or like the LDC
amendment, and there was a stakeholders group that originally did the
Manatee Protection Plan made up of environmentalists and the boating
community, and I would request the staff, when you start getting a
contractor to do that, get everybody together, tell them what is being
proposed because of data and -- before it comes to the board so it's a
lot easier to the board.
Is there a second to the motion?
COMMISSIONER FIALA: Second.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
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May 13, 2008
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Motion carries 4-1.
Thank you for your patience today.
Item #101
RESOLUTION 2008-148: RECONSIDERATION OF ITEM #IOG
FROM THE MARCH 25, 2008 BCC MEETING WITH
REFERENCE TO FINAL APPROVAL OF THE ROADWAY
(PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF OLDE CYPRESS UNIT ONE - ADOPTED
MR. MUDD: Commissioner, the next item is 101. It used to be
16A14, and it reads, the recommendation -- no, excuse me.
Reconsideration of item lOG from the March 25,2008 BCC meeting,
with reference to final approval of the roadway (private) and drainage
improvements for the final plat of Olde Cypress Unit I, Olde Cypress
PUD.
The reconsideration was at Commissioner Henning's request.
The item was asked to move from the consent agenda to the regular
agenda by Commissioner Coletta.
MR. CHRZANOWSKI: Good evening, Commissioners. I'm
Stan Chrzanowski with the engineering review department, and Keith
Gelder is with Stock Development, and we are here to answer any
questions you might have.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: In may, I make a motion for
approval. The reason I pulled it is that I thought it was inappropriate
for an item like that to be on the consent agenda. It should have been
open for discussion.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: We have a motion by Commissioner
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May 13, 2008
Coletta, second by Commissioner Fiala to approve.
We have two public speakers.
MS. FILSON: I have two speakers, Mr. Chairman. Rich
Y ovanovich.
MR. CHRZANOWSKI: He left. He couldn't stay.
MS. FILSON: Okay. And Keith Gelder.
MR. GELDER: Waive.
MR. CHRZANOWSKI: He waives.
CHAIRMAN HENNING: Okay. Commissioner, I guess for
clarification on these items in the future, why was it inappropriate to
put this on the consent agenda?
COMMISSIONER COLETTA: Well, a reconsideration, we
have already made a determination how a vote would come down, so
a reconsideration is quite a bit of a spin difference than just a regular
item that may have no opposition.
The reconsideration was totally different. You know, it doesn't fit
into what I would consider the consent agenda. It's -- consent agenda
is something that has no objections to it. And this is where I was
having a problem with the whole thing, and I wanted to bring it up for
discussion to be able to level the playing field in the future.
If my fellow commissioners don't agree with that, then I'd like to
hear from them.
CHAIRMAN HENNING: Well, maybe it's a misunderstanding
of the item on the agenda. This was not actually a reconsideration
item.
COMMISSIONER COLETTA: I'm sorry. The one on -- go
ahead.
CHAIRMAN HENNING: This was on the agenda prior. The
board approved it with modifications. There is some clarification. We
got more information from Stock Development. I had an item on the
agenda two meetings ago that was the reconsideration.
COMMISSIONER COLETTA: Okay. Then forgive me,
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May 13, 2008
Commissioner Henning, because I seen the word reconsideration, and
at that point in time I just thought it was inappropriate for it to be
there. That's the only reason I pulled it.
CHAIRMAN HENNING: Okay. So -- yeah. So I guess it's an
understanding, just reconsideration items need to be on the regular
agenda.
COMMISSIONER COLETTA: Right.
CHAIRMAN HENNING: This is not reconsideration, so--
COMMISSIONER COLETTA: Okay.
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.)
COMMISSIONER COLETTA: Good work.
CHAIRMAN HENNING: Motion carries.
MR. CHRZANOWSKI: Thank you.
COMMISSIONER COLETTA: Carried the day again.
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS
MR. MUDD: Commissioner, the next item is -- nice
presentation, Stan.
The next item on the agenda is public comments on general
comments.
Ms. Filson?
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May 13,2008
MS. FILSON: I have one speaker, but I don't see him. Kenneth
Thompson?
MR. MUDD: He already talked to me, and I have the particular
items that he wants to take a look at.
MS. FILSON: That's your final speaker.
Item #12A
RECOMMENDATION THAT THE COUNTY ATTORNEY
DEVELOP AND ADVERTISE AN ORDINANCE THAT
REPEALS AND REPLACES ORDINANCE NO. 74-7 WITH AN
ORDINANCE PROHIBITING CAMPING IN THE
UNINCORPORATED AREAS OF COLLIER COUNTY -
MOTION FOR COUNTY ATTORNEY TO WORK WITH
SHERIFFS DEPARTMENT TO ADDRESS THE HOMELESS
ISSUE - APPROVED
MR. MUDD: The next item on the agenda is 12A. It's a
recommendation that the county attorney develop and advertise an
ordinance that repeals and replaces ordinance number 74-7 with an
ordinance prohibiting camping in the unincorporated areas of Collier
County .
Mr. Jeff Klatzkow, the county attorney, will present.
CHAIRMAN HENNING: Motion to approve.
COMMISSIONER COYLE: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Motion by Commissioner Henning,
second by Commissioner Coyle.
MR. KLA TZKOW: I think there's at least one speaker you
should hear, if not more.
COMMISSIONER COLETTA: Yeah, Commissioner?
CHAIRMAN HENNING: Yeah.
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May 13, 2008
COMMISSIONER COLETTA: If I could, we have the Sheriffs
Department here. And I'll tell you what some of my concerns are, and
maybe what he might be able to help me with.
I think it's a wonderful ordinance. If it's enforceable, let's go for
it, because I'll tell you right now, the vagrants that are out there, forest
fires that exist, the crime that comes forward is a real problem. It's not
a good situation; however, with that said, what are you going to do
with the people that you remove from these lands?
MR. BAKER: Good.
COMMISSIONER HALAS: Put them in jail.
MR. BAKER: Good afternoon, Commissioners. Thank you. My
name's Mark Baker, for the record, with the Collier County Sheriffs
Office representing Sheriff Hunter and our agency.
In reviewing this agenda topic by the commission and the county
attorney, we were unaware as the Sheriffs Office that we had a
problem with camping in the unincorporated area of Collier County.
Now, we do have a problem with trespassing and we have a
problem with homelessness and we have a problem with vacant
foreclosures and blight that may lead to criminality. But in review of
the plan with our legal today -- and this is the first time we received a
packet today as far as legal staff goes -- we're concerned about the
language contained in the ordinance from Orlando that you're looking
at adopting.
The burden of proof is still going to fall back on law
enforcement, and the City of Orlando's ordinance specifically deals
with public property on the case that they won on appeal.
I think what you're trying to propose is not going to -- is going to
have some unintended consequences in certain areas of the county of
people camping, including on property -- private property where they
have permission to be there from the landowner. It's going to put
some of the burden of proof back on the Sheriffs Office for
enforcement, and we're going to be creating -- generally bad cases
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May 13,2008
lead to bad law.
And in this case of review of the City of Orlando, we're
comparing apples to oranges with a more rural type of community
than Collier County, especially in the Estates area, presents. The City
of Orlando is mostly a concrete community and, yes, people sleeping
in areas under bridges, and in public places that create a blight.
The City of Orlando also has a homeless shelter that, by their
own makeup of what you're looking to adopt under the most used
ordinance book, talks about it being private property, talks about how
the suspect's in a tent, and it also has to provide them with another
alternative place to stay in which Orange County has that facility.
It's never been to capacity. They charge a dollar a day. It's, I
think, a 500-bed facility for predominantly men who are homeless that
they have an option to go stay at as opposed to sleeping in public.
So I think by looking at changing the ordinance, we're going to
have some unintended consequences to families who are practicing
lawful events either on public or private property if we don't qualify.
And we're willing to work with the county attorney to try to adopt
some language that may narrowly and specifically try to fix the
problem we have identified.
I don't believe the problem's camping in the unincorporated areas
of Collier County. I think the problem is trespassing, which we have
state statutes that govern that as well as working with the prosecution
from the State Attorney's Office to prosecute people.
We have private homeowners out there that -- or landowners that
we're trying to contact to get them to properly post their property as
per the statute so we can lawfully enforce the trespass ordinance or
law.
I think that's the issues we're trying to fix. But throwing a blanket
over the entire county, I think the commission may be in error by
having some unintended consequences.
CHAIRMAN HENNING: Commissioner Fiala?
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May 13, 2008
COMMISSIONER FIALA: Yes. It was I who prompted this in
the first place, that is because in the East Naples area -- and I can't talk
about any other part of the county. But in the East Naples area we
have 43 homeless camps.
Now, the Sheriffs Office said they would prefer to say over 30,
so I'll say over 30 homeless camps. I've been in some of them. In
fact, I was just in one two weeks ago that's in the front of my
development.
And as I stood in that camp, I could see the houses right through
-- right through the trees right there. That's how close it is. And that's
-- and it's not safe to walk in the neighborhoods when you've got them
living right there.
We've got -- we've got a camp there. Then one two, three camps
right next door to Town Centre, right next door to Rex -- Rex
Televisions, stuff like. When you stand in there, you can watch the
children playing in the back yards. And it's scary. I don't like to see
children that are -- that could be preyed upon.
So I talked with our Sheriffs Office, and they said that they can't
do anything about it without an ordinance. So I talked to our county
attorney, and I said, is there something that we can do to help protect
us and to help -- to work with the Sheriffs Office, and he came up
with this proposal.
And at the time we had an officer say that's exactly what we're
looking for. I didn't realize that it wasn't. So maybe we can go back
to the drawing board and you can work with our county attorney and
put together what we need to do to keep us safe. That's all I'm looking
for.
MR. BAKER: And those properties that you described are
private properties. They don't belong to the government or the county
or public properties, which that ordinance that passed the muster in
Orlando specifically dealt with public property; and it also, in that
ordinance, provided them an option to go off of that public property
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May 13,2008
into a shelter-type facility, which we currently --
COMMISSIONER FIALA: This also mentions private property.
It does not mention commercial property, which would be another
addition to it.
MR. BAKER: And the private properties we're trying to work,
some of them are incorporations, LLCs that are hard to get ahold of
the actual owner of those properties, and some of them have posted,
but most posting didn't meet the proper signage requirement for state
law.
We have been working with code enforcement to put liens on
certain people's property who refuse to clean up those areas that we've
identified as a blight or aesthetically not pleasing or health, safety, and
welfare issues.
And I think if we -- if you would allow me the indulgence -- if
we could get another swing at the pinata and maybe try to come up
with a narrowly related ordinance that would help us with some of
these issues, because the majority of them are on private properties.
CHAIRMAN HENNING: Well, how about if I just amend my
motion and amend it to give guidance to the county attorney to work
with the Sheriffs Department and take care of the vagrants --
vagrancies in Collier County, okay? Is that okay with the second?
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. It is okay, but I've got some
questions and a statement, but I think Commissioner Halas was ahead
of me.
CHAIRMAN HENNING: Yes. You have some questions of the
sheriffs deputy?
COMMISSIONER HALAS: I was wondering in your -- as you
were laying out the process here, if we directed basically in the urban
area and you could say that anything west of 951 be included in this
ordinance. Would that help you out?
MR. BAKER: Well, again, the burden of proofs going to shift
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May 13,2008
on us. It's not going to come -- I don't believe it will preclude
constitutional challenges --
COMMISSIONER HALAS: Okay.
MR. BAKER: -- to --
COMMISSIONER HALAS: You answered my question. Thank
you very much, sir.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I'm confused, okay. I met with the
two officers that you have that interface and work with the homeless
people around and try to clean up things and get things moving, and
they briefed me on their problem with respect to enforcing our
existing no-camping ordinance, which is fairly limited, of course, and
the problem of people, homeless people just taking over private
property and living there.
And the problem was, in many case, yes, you can't find the
property owner to find out if they had permission to do that. Well,
you intuitively know they don't, but you've got to have some proof.
And they informed me that the best thing to do would just be to
have an anticamping ordinance for the entire county, end of story, and
then make it a requirement that any person camped on that property
should have permission from the owner. They have the responsibility
to present proof that they have authority to be there.
And absent that, those people can be arrested and put in jail, and
then they can be used for the purpose of going out and cleaning up the
messes that they and their companions have created in Collier County.
And in a few days of that, I think maybe you drop them off close to a
bus station somewhere, then they'll decide they've had enough of that
and they'll leave and go someplace elsewhere where people treat them
a little nicer.
I'm not at all interested in giving them a place to stay. That's not
my interest at all. My interest is to get the hell rid of them.
Now, I've told this story to people a dozen times. I was driving
May 13,2008
through south Georgia coming back from Chicago one time, and I got
off to get gas, and I was coming back on the expressway, and there on
the entrance ramp were two homeless guys carrying some plastic bags
and some packs, and they were holding a sign that says Naples. They
were hitchhiking.
They had -- they knew where they were going because they knew
that they had a place they could stay and get fed at. And I'm not
inclined to encourage those kinds of people to come here. They were
coming here for the winter. It was getting cold up north. And I'm not
interested in Collier County becoming a magnet for people who want
to sleep on public and private property, make a mess of it, create
crime, commit crimes, and then expect that we're going to take care of
them and provide them a place to sleep and feed them.
I know the federal government doesn't agree with me, but I, quite
frankly, don't care. I'm not interested in making it comfortable for
those people, and I'd like to support whatever will make them
uncomfortable to get them out of Collier County.
COMMISSIONER HALAS: Are you running for sheriff?
COMMISSIONER COYLE: No, I'm not.
CHAIRMAN HENNING: Everybody okay with the motion?
COMMISSIONER FIALA: Yes.
MS. FILSON: You have another speaker, sir.
CHAIRMAN HENNING: Oh, I'm sorry.
MS. FILSON: Bob Murray.
CHAIRMAN HENNING: Mr. Murray, I apologize.
MR. MURRAY: Don't know if! want to.
CHAIRMAN HENNING: Well, you don't have to if you don't
want to.
COMMISSIONER COLETTA: No. I've never known him to
refuse.
COMMISSIONER HALAS: I hope you're not a homeless guy.
COMMISSIONER COYLE: Not yet, not yet.
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May 13,2008
MR. MURRAY: Bob Murray, East Naples Civic Association,
and the only reason I am now speaking is because I want to make it
very clear that this has been the subject of conversation at our board
meetings for literally years.
And while my heart hurts for people who are, for whatever
reason, are in a bad way, we do have an obligation to our citizens who
are taxpayers who are good citizens, that they be provided safety.
And so I don't have to plead to you. It seems clear to me that you
all have the same mind. But I would urge that whatever it is that we
will do, we do rather quickly.
You're right, I've heard that same story, and not from you, that
people do come here because they know that they can do it. And you
know, when you see defecation and when you see other conditions
that are really not good, it doesn't help our community at all. We
work hard to make our community good.
Thank you for the opportunity to speak.
CHAIRMAN HENNING: Thank you.
COMMISSIONER COYLE: And by the way, some of them are
sleeping right in the bushes right beside this building.
COMMISSIONER FIALA: I know, I know. That's true.
COMMISSIONER COYLE: Okay? They're there and they're
there more than just occasionally. So it's -- nevertheless.
COMMISSIONER FIALA: They have to hose the street down
before people could come to their offices in the morning because of
the stuff that you find there, and it's pretty sad.
COMMISSIONER COYLE: Yes, it is. It is.
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
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May 13, 2008
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Go to reports.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. MUDD: Staff and commissioner general communications.
CHAIRMAN HENNING: Do you have any words of wisdom
for us?
MR. MUDD: Yes, sir, I do. Just a couple of things.
Commissioner Fiala, are you going to talk about Brevard County
and the space program, because they're asking for a resolution.
COMMISSIONER FIALA: Oh, my goodness. I forgot to bring
it up.
MR. MUDD: Let me start here then.
COMMISSIONER FIALA: Thank you.
MR. MUDD: Commissioner Fiala got a letter from one of the
commissioners from Brevard County. As you know, the shuttle
program is about ready to wind down. And in the interim before we
get ourselves the next generation of something, there's going to be
about seven years where we're going to get to go to the Soviet Union
and take their rockets to go to our particular space station. So things
aren't necessarily well fleshed out in this particular program.
And so Brevard County has asked Commissioner Fiala if she
would ask the Board of County Commissioners to support a resolution
to maintain the space program in the State of Florida so that we don't
just lose that important asset as this thing starts to wind down,
Kennedy Space Center, whatnot.
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May 13,2008
CHAIRMAN HENNING: Commissioner Halas has a question?
COMMISSIONER HALAS: Who's going to support this
moneywise?
MR. MUDD: They're asking the federal government on this
particular issue. It's a resolution basically asking the federal
government to maintain the space program in the State of Florida.
COMMISSIONER HALAS: Okay. This isn't going to be -- then
turned around and be a federal mandate that comes down to the State
of Florida, which then is going to be mandated down to the counties,
is it?
MR. MUDD: Commissioner, all of this is a request to basically
author a resolution that supports their particular program. If the board
so chooses and directs, county staff will get the executive summary up
to speed, get the resolution to the Board of County Commissioners for
their next board meeting.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Quick question. Are you sure
that's all there is to it?
COMMISSIONER FIALA: That's what the letter said. I think
they want to keep the jobs and the buying power here in Florida.
COMMISSIONER COYLE: It's my understanding that there is a
federal -- there's federal legislation that has been or is in the process of
being passed in Washington that governs some of our technology
transfers and cooperation with Russia.
And it was my understanding that the people from Brevard
County were asking us to oppose that legislation so that we could
continue to participate in this -- the space program, even going so far
as to say that we wouldn't -- if this legislation passes, the Russians
would not permit us to use their space station.
And so all I'm asking is, are you sure that we have the whole
story here and are we getting involved in something that's bigger than
what we intend? If it's what you believe it to be, I'm supportive of it.
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May 13, 2008
I just like to make sure that our people have told us the right story.
COMMISSIONER FIALA: You bring up a strong concern. You
know, I'm just looking at it at face value.
COMMISSIONER COYLE: Yeah.
COMMISSIONER FIALA: I didn't look deeper.
COMMISSIONER COYLE: I don't know how to get to the
bottom of that. I would have to dig through a lot of documents I've
read over the past several weeks, and I don't know if I can come up
with the specific site, but that's my recollection of what I was reading.
And I don't know if somebody has any information on that.
MR. MUDD: Commissioner, I will-- I will tap our federal
legislators -- federal lobbyists and get to the bottom of this particular
issue, if there's any hidden things that we don't know about, and to
also ask them about the commercial orbital transportation services
program, because they talk about cots in here.
COMMISSIONER COYLE: Okay.
MR. MUDD: I want to make sure that the cot's capability D and
get a little bit more into that particular issue, and I will provide that
backup documentation with this executive summary, so ifthere's any
COMMISSIONER FIALA: Would you provide him a copy of
that as well? Would you provide Commissioner Coyle a copy -- all
the commissioners a copy of that letter as well?
MR. MUDD: I don't have the letter, you do --
COMMISSIONER FIALA: I do. Okay.
MR. MUDD: -- in the back, but I copied the -- I had them send
me a copy of the resolution.
COMMISSIONER FIALA: I'll get it copied to them.
COMMISSIONER COYLE: So the only thing you have is the
copy of the resolution itself?
MR. MUDD: Yes, sir. And Commissioner Fiala received a
letter that's asking for Collier County's support. And what we'll do is,
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May 13,2008
I'll get with our federal lobbyist, okay, and we'll track this thing down
the best we can and see ifthere's any hidden hook, sir.
COMMISSIONER COYLE: You know, sometimes things aren't
what they seem. But if it's what's been presented, I'm supportive of it,
so there's no big deal. But I'm concerned there's something more to it.
MR. MUDD: Okay, sir. And we'll do background to make sure
there's :..- and if you could find that article you were reading, that
would help, too, sir.
COMMISSIONER COYLE: Okay.
MR. MUDD: The next item -- so board direction, executive
summary, backup documentation on this particular request from
Brevard County next time.
We got a query from the school superintendent asking about a
proposed referendum for the August, 2008, primary ballot. Our
county attorney has done some research. And I've also had
conversations in my conference room with the Supervisor of Elections
Office.
And basically what they're going to do is -- and I will make sure
that I have the opinion from the attorney attached when I get the
request.
They will pass -- I believe they will pass an action to have a
referendum on the August, 2008, ballot that -- asking the voters of
Collier County whether they would like to approve the reallocation of
a portion of the district's ad valorem revenue from its capital fund to
its operating fund. That will come to you.
The statute's pretty clear. They could go to the Supervisor of
Elections and get it done that way and/or come to the Board of County
Commissioners. We believe in the exercise of due process and
extreme caution so it isn't challenged, that they come before the Board
of County Commissioners with this particular request.
I will also state to you that the Florida Statute doesn't really give
you a lot of options except to approve it and move it to the
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May 13,2008
referendum. But I wanted to make sure that you're aware of that, that
ifthere's any kind of -- no, I'm serious. That's exactly what it says.
And it says, finally the resolution adopted should direct the
Board of County Commissioners to call an election on the measure
according to the attorney based on the statute. I just want to bring it to
your attention because I don't know what kind of conflict that's going
to cause when it gets heard by the school board, okay. And I don't
want you to get caught up in it. But I'll let you know that they're
going to bring it forward. This isn't one of these things where you're
going to wrestle with that particular option. That's for the school
board to do. But in order to get to the ballot, they've got to come to
the Board of County Commissioners.
COMMISSIONER FIALA: Will you copy us on that letter?
MR. MUDD: I will -- I will give you -- I haven't got the letter
yet. I got a phone call, but I will have this opinion by the county
attorney as part of that packet when we get it, ma'am.
COMMISSIONER FIALA: Great.
MR. MUDD: I can give it to you ahead of time.
COMMISSIONER FIALA: Great. Thank you.
MR. MUDD: But I wanted you to be aware of it so that you
don't -- well, what do you think about this referendum? And you're
going, what referendum and why am I involved? That's why you'd be
involved.
The board basically directed me to contact the chairs, City of
Naples and the school board, to talk about meetings with the
chairman, myself, and the chairmans and either the superintendent or
the city manager.
I have received positive answers back from the City of Naples
and the superintendent, and I'll meet with the chairman and we'll start
setting up some draft agendas as we meet on a regular basis with those
particular folks, and we'll get through that. But you directed it. We
sent it out there, and each one of the bodies has approved that that
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meeting will transpired.
That's aliI have, Mr. Chairman, Commissioners.
CHAIRMAN HENNING: Thank you. County Manager -- oh,
by the way, County Manager has a -- his daughter is graduating from
college as a medical center, and --
MR. MUDD: Medical school.
CHAIRMAN HENNING: And congratulations.
MR. MUDD: Thank you very much.
COMMISSIONER FIALA: Yeah.
(Applause.)
MR. MUDD: Then I could always say, is there a doctor in the
house, and yeah, there is one.
COMMISSIONER FIALA: And there will be.
CHAIRMAN HENNING: A doctor and an engineer.
Mr. Klatzkow.
MR. KLATZKOW: Yeah, a brief matter. I'm trying to change
the culture of the County's Attorney Office. One of the issues I've
noticed is during our Friday staff meeting before our board, I'll go
through items and I'll ask, whose item is this, and I'll get a dead
silence. And then I'll say, well, there's a legal considerations here,
who wrote it, and there's dead silence, and it turns out that the legal
considerations was written by a staff member, and our office hasn't
seen it yet.
It would be helpful -- and this is a long-standing practice in the
county, and I'm not criticizing anybody for it. What I'd like to do is
change that practice, and if we could, have all legal considerations
written by the County Attorney's Office, and the county attorney who
is responsible for that matter will put their initials by those legal
considerations.
CHAIRMAN HENNING: Yeah, I actually talked to Jeff about
this. When I go through the agenda, and I start reading it, okay, what
are the legal ramifications of this? And when I see it written, I always
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question whether -- you know, are we getting legal -- proper legal
advice.
And I would love to feel good about the items, that they were
reviewed by the county attorney. If they're blank, then I know that
they haven't reviewed it ifthere's something in there. I know that
they, you know, either support it or have concerns. So yeah, I --
COMMISSIONER FIALA: I know, when I read legal
sufficiency, I always think that they've seen it. I didn't realize that it's
written there but they hadn't. So I'll feel a great comfort level with
that.
CHAIRMAN HENNING: Good. You've got support of the
board, unanimous.
MR. KLATZKOW: Thank you.
COMMISSIONER COYLE: Five nods.
CHAIRMAN HENNING: Unanimously.
Mr. Klatzkow, anything else?
MR. KLATZKOW: No, sir.
CHAIRMAN HENNING: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: Nothing at this time.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Nothing.
CHAIRMAN HENNING: I have a couple items. The settlement
agreement between Pebblebrooke commercial development and the
Board of County Commissioners was on this agenda. I had some
indications from a third party that we may be able to settle all issues.
Now, I'm trying to contact somebody. I never got a return phone
call. But my commitment is to put that item back on the agenda. In
other words, right now we're in the courts with Stevie Tomato's, and
there's a possibility that that lawsuit might go away.
MR. KLA TZKOW: Yeah. And we've told them that their time
to answer to the lawsuit has been stayed pending these discussions
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May 13,2008
because we don't want to run up anybody's legal fees.
CHAIRMAN HENNING: All right, okay.
And the next item, Susan Istenes's interpretation about setbacks
from the preserves is being challenged. The person challenging -- the
law firm challenging it is asking for a two-day hearing on that item.
And I think -- I think it's a thousand-dollar fee for a challenge of an
interpretation. That -- there's no way that that thousand dollars would
even take care of the cost of our staff time for two days.
COMMISSIONER COYLE: They want to come here for two
days?
CHAIRMAN HENNING: They want us to sit here and they
want to argue it for two days, and we need to get -- we need to send
that person a letter and try to get some reasonable time frames on this.
Mr. Klatzkow, what--
MR. KLATZKOW: Yeah, we're in the process of researching it.
They will not get two days, but we want to make sure that there's
adequate time, and there will be a letter sent out, together with the
procedures. We're putting that together.
COMMISSIONER HALAS: Maybe two hours.
CHAIRMAN HENNING: There's also some other demands, and
I forget -- oh, they want to have the ability to sequester. That's not--
MR. KLATZKOW: They wanted to subpoena witnesses.
CHAIRMAN HENNING: Subpoena.
MR. KLATZKOW: There's no procedure for this board to order
a subpoena. That's something that comes out of a court, not from a
county commission. So we told them that --
COMMISSIONER FIALA: Jack up the fee.
MR. KLATZKOW: -- we just don't do that.
CHAIRMAN HENNING: Yeah, I don't know. Ijust -- I'm a
little concerned about the request or the demand. I don't think it's
reasonable, and I'm glad you've got it under control.
MR. KLATZKOW: Yeah.
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May 13,2008
CHAIRMAN HENNING: That's aliI have.
COMMISSIONER COYLE: Mr. Chairman, could I just ask a
question about that?
CHAIRMAN HENNING: Yes.
COMMISSIONER COYLE: Why do we have to have a separate
procedure for them? Why can't they come injust like anyone else
does on an appeal of one of our staffs decisions?
MR. KLATZKOW: Just to set the format straight, who gets to
start, who gets to second, whether or not there's a time for rebuttal,
how much time each side should get. Just figuring out the proper
procedures because we don't want to get challenged on appeal and
lose something on a due process question.
MR. MUDD: Commissioners, last time you did one of these was
Camp D'Antibes. Okay.
COMMISSIONER COYLE: I remember that.
MR. MUDD: I remember that, and --
MR. KLATZKOW: They're trying--
MR. MUDD: -- and it split, if you remember, went 2/2 that
particular day. So it was an interesting time. But the last time -- and
there was procedures, how many minutes for the speaker, then how
many -- or for the challenger, how many for your zoning director and
then a rebuttal -- and then a rebuttal time, and then there's always
public speakers in this particular issue.
COMMISSIONER COYLE: I remember that. I was chairman at
that point in time.
COMMISSIONER FIALA: And I remember at 11 o'clock that
morning, you said to the audience, I can see that we've gotten all the
information. Everybody else is just going to repeat it. I know that we
all know already how we're going to vote. Why don't we just call for
the vote, and they insisted to continue to talk for the rest of the day.
COMMISSIONER COYLE: They took hours, that they knew
that one of the commissioners was leaving. I kept telling them, the
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May 13,2008
commissioner is leaving. We need to get this done before we have to
take a vote, and they sat there and talked and talked and talked all
afternoon.
COMMISSIONER FIALA: Yep.
COMMISSIONER COYLE: And that wound up costing
everybody a ton of money in legal fees. It could have been solved
very quickly.
COMMISSIONER FIALA: At 11 o'clock that morning.
COMMISSIONER COYLE: Yep.
MR. KLATZKOW: And just as a side. One thing the board may
want to consider -- and we don't need a decision now -- is to do this on
the Wednesday after the board meeting so it doesn't muck up your
schedule for the regular meeting.
MR. MUDD: And what day are they talking about, Jeff?
MR. KLATZKOW: This is going to be in June. I think Susan
set this for the last meeting in June, 24th.
COMMISSIONER COYLE: You'll only have four
. .
commISSIOners.
COMMISSIONER FIALA: June 24th?
CHAIRMAN HENNING: Okay. That's all I have.
Commissioner Fiala?
COMMISSIONER FIALA: Yeah, June 24th -- are you trying to
do this then on June 25th after the June 24th meeting?
MR. KLATZKOW: That's just a suggestion so it doesn't
interfere with the rest of your schedule.
COMMISSIONER FIALA: Yeah, I think I'm gone then.
MR. MUDD: I think it will. I believe the F AC annual thing
starts on that Wednesday and goes through that Friday, so -- and it's
on the Miami side if! remember correctly, so I'm just letting you
know.
MR. KLATZKOW: Okay.
COMMISSIONER FIALA: Okay . Yes, I just wanted to bring
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May 13, 2008
up something, something that has been bothering me for a while, and
that is a long time ago, last year, we had the bid on our office supplies,
and Corporate Express, I'm -- I made note that the bid process was
honed so the Corporate Express took the bid, and then we brought it
back, and I said to make sure that 61 percent -- that we got the 61
percent they promised.
Since then I -- it came to my attention back in our own office that
we had trouble getting supplies and they weren't supplying us the
same stuff and they were charging us more, and it was harder to get
the supplies.
So I started -- I talked with the clerk's office, specifically Crystal
Kinzel. I didn't realize that they were well aware of it and they were
having problems trying to verify some of the costs. They were trying
to compare. They were trying to see where the 61 percent is. Things
weren't on the list.
So Crystal has prepared a report. I sent it to the county manager.
And I wanted him to see it as well. I didn't want to pull any punches
on this thing. But I would ask that we -- that we pursue this and get a
full report on this, because I think that we're costing the taxpayers a lot
of money for some kind of a feud that is going on between our
purchasing department and Marco Office Supply, and so they're going
to take somebody else rather than get the best price. And I just do not
understand it. If you'd like, I will copy you all on this report. It's very
revealing. I will do that.
CHAIRMAN HENNING: I have a copy.
COMMISSIONER FIALA: Do you? Okay, good.
CHAIRMAN HENNING: Yeah. In fact, I'm going to bring
something up in the next agenda, and I'm going to use that.
Anything else?
COMMISSIONER FIALA: Nope. That was it.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: I have nothing to add, thank
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May 13, 2008
you.
CHAIRMAN HENNING: But we need, one more item, and we
need an item -- we need a motion to adjourn.
COMMISSIONER COLETTA: Motion to adjourn.
COMMISSIONER COYLE: Motion to adjourn.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: There is a second.
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: We're adjourned.
*****
****Commissioner Coyle moved, seconded by Commissioner Halas
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
(Commissioner Coletta opposed)
Item #16Al
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITY
FOR COLLIER SEMINOLE STATE PARK - WITH RELEASE OF
ANY UTILITIES PERFORMANCE SECURITY
Item # 16A2
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR SABAL BAY COMMERCIAL PLAT, PHASE 3 - WITH
Page 256
May 13,2008
RELEASE OF ANY UTILITIES PERFORMANCE SECURITY
Item # 16A3
FINAL AND UNCONDITIONAL CONVEYANCE OF THE
WATER UTILITY FACILITY FOR V ANDERBIL T
BEACHCOMBER RESORT 3 - WITH RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY
Item #16A4
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR FIDDLER'S CREEK, PHASE 3 UNIT 2 - STAGES I AND 2 -
WITH RELEASE OF ANY UTILITIES PERFORMANCE
SECURITY
Item # 16A5
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR FIDDLER'S CREEK, PHASE 2A UNIT 1 -
WITH RELEASE OF ANY UTILITIES PERFORMANCE
SECURITY
Item #16A6
FINAL AND UNCONDITIONAL CONVEYANCE OF THE
WATER UTILITY FACILITIES FOR FIDDLER'S CREEK - LAKE
88 - WITH RELEASE OF ANY UTILITIES PERFORMANCE
SECURITY
Item #16A7
Page 257
May 13,2008
RECORDING THE FINAL PLAT OF PELICAN BAY UNIT TEN,
REPLA T OF SITES 31 AND 32 - LOCATED IN SECTION 4,
TOWNSHIP 49 SOUTH, RANGE 25 EAST
Item # 16A8
RECORDING THE FINAL PLAT OF FIRENZE AT TUSCANY
RESERVE - LOCATED IN SECTION 7, TOWNSHIP 48 SOUTH,
RANGE 26 EAST
Item #16A9
FINAL AND UNCONDITIONAL CONVEYANCE OF THE
WATER UTILITY FACILITY FOR LEMURIA - WITH RELEASE
OF ANY UTILITIES PERFORMANCE SECURITY
Item #16AI0
CHANGE ORDER NO.2 TO THE AGREEMENT BETWEEN
COLLIER COUNTY AND V AN BUSKIRK, RYFFEL AND
ASSOCIATES, INC. TO INCREASE THE SCOPE OF WORK OF
THE COLLIER COUNTY INTER-ACTIVE GROWTH MODEL
(CIAGM) TO ALLOW FOR THE CIAGM'S LAND USE
MODELING TO BE UTILIZED BY AIM ENGINEERING &
SURVEYING, INC., THE CONSULTANTS FOR THE
TRANSPORTATION DIVISION - THE CHANGE IN SCOPE
WILL COST AN ADDITIONAL $54,000.00 TO THE ORIGINAL
CONTRACT AMOUNT OF $200,000
Item #16All
SECOND EXTENSION OF THE REQUIRED TIME FRAME FOR
Page 258
May 13, 2008
FEE PAYMENT ASSISTANCE AND JOB CREATION FOR
SALAZAR MACHINE AND STEEL, INCORPORATED, AN
APPROVED PARTICIPANT IN THE FEE PAYMENT
ASSISTANCE PROGRAM AND THE JOB CREATION
INVESTMENT PROGRAM; DIRECT STAFF TO ALLOCATE
$50,500 IN FUNDING FOR FY 2008 FOR THIS APPLICANT;
AND SPECIFY THIS AS THE FINAL TIME EXTENSION FOR
MEETING THE PROGRAM REQUIREMENTS - EXTENDING
THE FEE PAYMENT ASSISTANCE PROGRAM AND THE JOB
CREATION INVESTMENT PROGRAM TO FIVE NEW JOBS BY
DECEMBER 31,2008 AND FIVE MORE BY EACH DECEMBER
31, 2009 AND DECEMBER 31, 2010 (15 TOTAL NEW JOBS)
Item #16A12
RECORDING THE FINAL PLAT OF HATCHERS PRESERVE,
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY -
W/STIPULA TIONS
Item #16A13
PROPOSED SETTLEMENT AGREEMENT PROVIDING FOR
COMPROMISE AND RELEASE OF LIEN IN THE CODE
ENFORCEMENT ACTION ENTITLED COLLIER COUNTY V
ERNESTINA SACCA, CEB NO. 2005-13, RELATING TO
PROPERTY LOCATED AT 2960 56TH AVENUE N.E. COLLIER
COUNTY, FLORIDA - WITH RELEASE AND SA TISF ACTION
OF LIEN FORGIVING FINES IN THE AMOUNT OF $21 A57.1 0
Item #16A14 - Moved to Item #101
Page 259
May 13, 2008
Item #16A15 - Moved from Item #17E
RESOLUTION 2008-128: PETITION: CUR-2008-A-12955,
MINING VENTURE, LLC., REPRESENTED BY R. BRUCE
ANDERSON OF ROETZEL & ANDRESS, IS COMPLYING WITH
CONDITION NUMBER 3 OF CONDITIONAL USE
RESOLUTION 2007-274 FOR EARTH MINING IN THE A-MHO
AGRICUL TURAL ZONING DISTRICT, WHICH REQUIRES A
REVIEW OF THE CONDITIONAL USE APPROVAL TO
DETERMINE WHETHER ADDITIONAL STIPULATIONS OR
MITIGATION ARE NECESSARY. THE SUBJECT PROPERTY,
CONSISTING OF 2,576 ACRES, IS LOCATED EAST OF
IMMOKALEE ROAD (CR-846), APPROXIMA TEL Y 2 MILES
NORTH OF OIL WELL ROAD (CR-858) IN SECTIONS 35 & 36,
TOWNSHIP 47 SOUTH, RANGE 27 EAST, AND ALL OF
SECTIONS I & 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846,
COLLIER COUNTY, FLORIDA
Item #16Bl
BUDGET AMENDMENT TO RECOGNIZE ADDITIONAL
REVENUE FOR THE PUD MONITORING/TRAFFIC COUNTS
PROJECT WITHIN THE TRANSPORTATION SUPPORTED GAS
TAX FUND (313) IN THE AMOUNT OF $] 10,259.00 FOR
PROJECT NO. 69]242
Item #]6B2
A WARD RFP #08-5045, "ANNUAL CONTRACT FOR
ROADWAY CONTRACTORS" TO THE FOLLOWING
Page 260
May 13,2008
CONTRACTORS: AP AC SOUTHEAST, INC.; BETTER ROADS,
INC.; GUSTAFSON CONSTRUCTION CORP.; DAVID BARRON
LAND DEVELOPMENT, INC.; AND QUALITY ENTERPRISES
USA, INC. (ESTIMATED ANNUAL AMOUNT $1,750,000) - THE
TYPE OF WORK REQUIRED INCLUDES LENGTHENING OR
MODIFYING LEFT AND RIGHT TURN LANES, MODIFY
MEDIAN OPENINGS, PROVIDE INTERSECTION
IMPROVEMENTS, AND CONSTRUCTION OF SIDEWALKS
Item #16B3
FY 2008 BUDGET AMENDMENT RECOGNIZING $25,000 IN
INSURANCE PROCEEDS RECEIVED IN CAT TRANSIT FUND
(426) DURING FY 2007
Item #16B4
LANDSCAPE MAINTENANCE AGREEMENT BETWEEN
COLLIER COUNTY, FLORIDA AND ARTESIA NAPLES
COMMUNITY DEVELOPMENT DISTRICT FOR
LANDSCAPING WITHIN THE RIGHT-OF-WAY ON BAREFOOT
WILLIAMS AND TOWER ROADS - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16B5
WORK ORDER #BC-FT-3773-08-08 TO BONNESS, INC. FOR
THE FOREST LAKES MSTU BOND PROJECT - PHASE ONE
DRAINAGE SWALES USING THE ANNUAL CONTRACT FOR
ROADWAY CONTRACTORS, CONTRACT NO. 05-3773, IN THE
AMOUNT OF $237,554.95 - TO REPAIR AND REGRADE THE
QUAIL RUN SW ALE RESTORATION AND LAKE
Page 261
May 13,2008
IMPROVEMENTS IN FOREST LAKES MSTU
Item #16B6
RESOLUTION 2008-129: SPEED LIMIT INCREASE FROM
FORTY-FIVE MILES PER HOUR (45 MPH) TO FIFTY MILES
PER HOUR (50 MPH) ON IMMOKALEE ROAD FOR THE
EASTBOUND SECTION FROM COLLIER BOULEVARD TO
ONE-HALF MILE WEST OF WILSON BOULEVARD AND FOR
THE WESTBOUND SECTION FROM WILSON BOULEVARD
TO ONE-HALF MILE EAST OF COLLIER BOULEVARD
Item #16B7
STIPULA TED FINAL JUDGMENT IN THE AMOUNT OF
$10,200.00 FOR THE ACQUISITION OF PARCEL 148RDUE IN
THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V JOHN
GODDARD, ET AI., CASE NO. 07-3111-CA (OIL WELL ROAD
PROJECT #60044). FISCAL IMPACT: $6,600.00)
Item #16B8
BUDGET AMENDMENTS TO REALLOCATE FUNDING ON
PROJECTS WITHIN CAPITAL ROAD FUNDS. PROJECT #60168
AND #60091- VANDERBILT BEACH EXTENSION (SR 951 TO
WILSON) AND SANTA BARBARA BLVD. EXTENSION
(DAVIS BLVD. TO RATTLESNAKE ROAD) - IN THE AMOUNT
OF $2,333,400 FOR PROJECT #60168 AND $5,056,900 FOR
PROJECT #60091
Item #16Cl
Page 262
May 13,2008
REJECT PROPOSALS RECEIVED UNDER RFP 08-5038
"AUTOMA TIC METER READING SYSTEM" - FOR THE
MAINTENANCE AND INSTALLATION OF THE 53,000
METERS IN SERVICE THROUGHOUT COLLIER COUNTY
Item #16C2
MASTER AGREEMENT FOR DEMAND SIDE MANAGEMENT
AND ENERGY EFFICIENCY SERVICES WITH FLORIDA
POWER & LIGHT COMPANY (FP&L) FOR PUBLIC UTILITIES
DIVISION PARTICIPATION IN A GUARANTEED ENERGY
PERFORMANCE SAVINGS PROGRAM AT NUMEROUS
MAJOR FACILITIES - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16C3
AGREEMENT REGARDING ALTERNATIVE IMPACT FEE
CALCULA TION BETWEEN THE COLLIER COUNTY W A TER-
USAGE SEWER DISTRICT AND THE T AMIAMI SQUARE OF
NAPLES, LLC - POTENTIAL CHANGES INCLUDE WATER
AND SEWER CONFIGURATION AND IRRIGATION
AL TERNA TIVES
Item #16C4
RESOLUTION 2008-130: RATIFYING THE APPOINTMENT OF
A REPRESENT A TIVE AND AN AL TERNA TE OF THE
COLLIER COUNTY WATER-SEWER DISTRICT TO ATTEND
MEETINGS OF THE LOWER WEST COAST UTILITY COUNCIL
- APPOINTING PAUL MATT AUSCH (DIRECTOR, WATER
DEPT.) AND G. GEORGE YILMAZ (DIRECTOR,
Page 263
May 13,2008
WASTEWATER DEPT.) AS THE ALTERNATE
Item #16C5
ASHBRITT ENVIRONMENTAL INC. (CONTRACT 05-3661)
AND SOLID RESOURCES INC. (CONTRACT 05-3831) AS THE
INITIAL DEBRIS RECOVERY TEAM FOR COLLIER
COUNTY'S 2008 HURRICANE SEASON DEBRIS REMOVAL
AND MONITORING CONTRACTORS FOR OPERATIONAL
READINESS - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16C6
BUDGET AMENDMENT TO RECOGNIZE $735,800
ADDITIONAL CARRY FORWARD AND TO APPROVE $269,500
IN EXPENDITURES IN OPERATING EXPENSES AND
CAPITAL OUTLAY; AND TO PLACE INTO RESERVE FOR
CONTINGENCIES, IN THE WATER POLLUTION CONTROL
FUND (114) THE AMOUNT OF $466,300
Item #16Dl
LIEN AGREEMENT WITH ERASMO MARTINEZ III AND
TERESA ANN HINOJOSA (OWNERS) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
112, LIBERTY LANDING, IMMOKALEE - DEFERRING
$12A42A6 IN IMPACT FEES
Item # 16D2
AWARDED BID NO. 08-5057R, "POOL CHEMICALS AND
Page 264
May 13,2008
SUPPLIES", TO COMMERCIAL ENERGY SPECIALISTS, INC.,
THE DUMONT CO., INC., HORNERXPRESS-GULF COAST,
INC., SCP DISTRIBUTORS, LLC AND NUC02, AT AN
ESTIMATED COST OF $183,800 - FOR SUPPLYING
CHEMICALS AND EQUIPMENT TO AQUA TIC FACILITIES
FOR ALL COUNTY AQUATIC CENTERS
Item #16D3
A WARD CONTRACT NO. 08-5056, ROBERTS RANCH
PIONEER MUSEUM DRIVEWAY AND SITE WORK TO FT A
HOLDINGS LLC DBA ACE ASPHALT, FOR THE
CONSTRUCTION AND SITE WORK OF A DRIVEWAY AND
SIDEWALK FOR THE CHURCH BUILDING IN THE AMOUNT
OF $74,828.00
Item #16D4
LIEN AGREEMENT WITH ORRIANE LOUIS SAINT (OWNER)
FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT
FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING
UNIT LOCATED AT LOT 43, TRAIL RIDGE, EAST NAPLES-
DEFERRING $12A42A6 IN IMPACT FEES
Item #16D5
LIEN AGREEMENT WITH GENE SILGUERO AND JENNIFER
SILGUERO (OWNERS) FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED
AFFORDABLE HOUSING UNIT LOCATED AT NEW MARKET
SUBDIVISION, BLOCK 19, LOT 5, IMMOKALEE - DEFERRING
$23,351.64 IN IMPACT FEES
Page 265
May 13,2008
Item #16D6
LIEN AGREEMENT WITH FERNANDO LAGO AND AMELIA
LAGO (OWNERS) FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED
AFFORDABLE HOUSING UNIT LOCATED AT LOT 46, TRAIL
RIDGE, EAST NAPLES - DEFERRING $12,442.46 IN IMPACT
FEES
Item # 16D7
LIEN AGREEMENT WITH VIERGENIE ALLIANCE AND
DIEUMONFRANC ALLIANCE (OWNERS) FOR DEFERRAL OF
100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
47, TRAIL RIDGE, EAST NAPLES - DEFERRING $12,442.46 IN
IMPACT FEES
Item #16D8
LIEN AGREEMENT WITH LENNAR HOMES LLC
(DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR A 10 UNIT OWNER-OCCUPIED
AFFORDABLE MUL TI-F AMIL Y HOUSING UNITS LOCATED
IN A PARCEL OF LAND IN SECTION 23, TOWNSHIP 48
SOUTH, RANGE 26 EAST COLLIER COUNTY, TRACT E,
HERITAGE BAY COMMONS (9063 GERVAIS CIRCLE),
NORTH NAPLES - DEFERRING $213,910.48 IN IMPACT FEES
Item # 16D9 - Moved to Item # 1 OH
Page 266
May 13,2008
Item #16DI0
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 - AS
DET AILED IN THE EXECUTIVE SUMMARY
Item #16Dll
LIEN AGREEMENT WITH CARLOS METZ AND JOYCE METZ
(OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY
IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE
HOUSING UNIT LOCATED AT VISTA III AT HERITAGE BAY,
UNIT 1603, NORTH NAPLES - DEFERRING $19,411.65 IN
IMPACT FEES
Item #16D12
LIEN AGREEMENT WITH KETTY ARGOTE (OWNER) FOR
DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES
FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT
LOCA TED AT LOT 178, TRAIL RIDGE, EAST NAPLES -
DEFERRING $12A42.46 IN IMPACT FEES
Item #16D13
LIEN AGREEMENT WITH RAMON LOPEZ BEROVIDES AND
FLORINDA D. PEREZ FERNANDEZ (OWNERS) FOR
DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES
FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT
Page 267
May 13,2008
LOCATED AT LOT 33, TRAIL RIDGE, EAST NAPLES -
DEFERRING $19,372.46 IN IMPACT FEES
Item #16D14
RESOLUTION 2008-131: FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION (FWC), FLORIDA BOATING
IMPROVEMENT PROGRAM (FBIP) GRANT APPLICATION
FOR BA YVIEW P ARK BOAT ACCESS FACILITY FOR THE
COASTAL ZONE MANAGEMENT DEPARTMENT IN THE
AMOUNT OF $400,000 - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16D15
LIEN AGREEMENT WITH NELSON ARTEAGA AND IDALMIS
PEREZ (OWNERS) FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED
AFFORDABLE HOUSING UNIT LOCATED AT LOT 35, TRAIL
RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN IMPACT
FEES
Item #16D16
AWARD BID NO. 08-5034, "TEE SHIRTS" TO NORTH COAST
IMAGEWEAR IN THE AMOUNT OF $60,000 - USED
COUNTYWIDE BY VARIOUS COUNTY DEPARTMENTS
Item #16El
BUDGET AMENDMENT TO MOVE $7,100 FROM THE
COLLIER COUNTY GENERAL FUND RESERVES TO THE
Page 268
May 13, 2008
FACILITIES MAINTENANCE FUND IN ORDER TO FUND
INVASIVE EXOTIC PLANT MANAGEMENT WITHIN A
COUNTY OWNED CONSERVATION EASEMENT - FOR THE
REMOVAL OF THE INVASIVE EXOTIC PLANT (BRAZILIAN
PEPPER TREE) WITHIN TRACT M (LEL Y BAREFOOT BEACH)
Item #16E2
STATUTORY DEED BETWEEN THE COLLIER COUNTY
TRANSPORTATION DIVISION AND THE CONSERVATION
COLLIER PROGRAM FOR APPROXIMA TEL Y 12.5 ACRES
UNDER THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM, AT A COST NOT TO EXCEED $65,000 - ALONG
GOLDEN GATE PKWY, JUST EAST OF IT'S INTERSECTION
WITH GOODLETTE FRANK ROAD
Item # 16E3
RATIFY STAFF-APPROVED CHANGE ORDERS AND
CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS - FROM MARCH 21, 2008 THROUGH APRIL 23,
2008
Item #16E4
CONFIRM AND CONSENT TO THE RE-ASSIGNMENT OF
CONTRACT 05-3827 "TEMPORARY LABORERS" FROM
TANDEM STAFFING SOLUTIONS, INC. TO SELECT
STAFFING SOLUTIONS INC. - RESULTING FROM A STOCK
PURCHASE OF TANDEM STAFFING SOLUTIONS BY SELECT
STAFFING SOLUTIONS
Page 269
May 13, 2008
Item #16E5
RATIFY PROPERTY, CASUALTY, WORKERS
COMPENSATION AND SUBROGATION CLAIMS SETTLED
AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR
PURSUANT TO RESOLUTION # 2004-15 FOR THE SECOND
QUARTER OF FY 08 - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16E6
RESOLUTION 2008-132: A RESOLUTION APPROVING A
POLICY FOR THE ACCEPTANCE OF LAND CONVEYANCES
BY THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM IN THE TRANSFER OF DEVELOPMENT RIGHTS
(TDR) PROGRAM FOR THE RURAL FRINGE MIXED USE
DISTRICT (RFMUD) - PROVIDES FOR A FAST-TRACK
REVIEW
Item #16FI
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR THE COLLIER COUNTY EMERGENCY MEDICAL
SERVICES DEPARTMENT AT A RENEWAL RATE FOR FY 08
OF $250.00
Item #16F2
AFTER-THE-FACT SUBMITTAL OF A FEDERAL
EMERGENCY MANAGEMENT AGENCY ASSISTANCE TO
FIREFIGHTERS GRANT IN THE AMOUNT OF $340,000 FOR
THE PURCHASE OF A PUMPER TANKER FOR THE OCHOPEE
Page 270
May 13, 2008
FIRE CONTROL DISTRICT - TO REPLACE AN 18 YEAR OLD
EXISTING PUMPER TANKER
Item #16F3
WAIVING THE FORMAL COMPETITIVE BID PROCESS;
APPROVE THE PURCHASE OF 40 HEART MONITORS,
ALONG WITH ASSOCIATED ACCESSORIES AND SERVICE
AGREEMENTS FROM PHILIPS MEDICAL SYSTEMS FOR AN
ESTIMATED TOTAL OF $729,192.20; AND TO APPROVE A
BUDGET AMENDMENT FOR AN INTRAFUND TRANSFER
FROM CAPITAL TO OPERATING WITHIN FUND 490 EMS TO
FUND THE LEASE PAYMENTS FOR THE BALANCE OF FY08
IN THE AMOUNT OF $54,041.90 - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16F4
AFTER-THE-FACT SUBMITTAL OF A UNITED STATES
DEPARTMENT OF INTERIOR RURAL FIRE ASSISTANCE
GRANT APPLICATION IN THE AMOUNT OF $11,460 FOR THE
PURCHASE OF EQUIPMENT AND PROTECTIVE CLOTHING
FOR THE OCHOPEE FIRE CONTROL DISTRICT - TO BE USED
IN WILD-LAND FIRE FIGHTING
Item #16F5
AMENDMENTS TO TDC CATEGORY BAND C GRANT
AGREEMENTS FOR FY 08 TO REMOVE THE REQUIREMENT
FOR MATCHING FUNDS - AS DETAILED IN THE EXECUTIVE
SUMMARY
Page 271
May 13,2008
Item #16F6
SUBMITTAL OF A US DEPARTMENT OF HOMELAND
SECURITY CITIZEN CORPS/CERT PROGRAM GRANT
APPLICATION IN THE AMOUNT OF $19,000 - FOR
EXP ANDING PUBLIC OUTREACH AND EDUCATIONAL
OPPORTUNITIES FOR OUR CITIZENS
Item #16F7
STATE EMERGENCY RESPONSE TEAM SUBGRANT FOR THE
DEPARTMENT OF HOMELAND SECURITY (DHS) AND THE
STATE OF FLORIDA DIVISION OF EMERGENCY
MANAGEMENT TO ESTABLISH A CITIZENS EMERGENCY
RESPONSE TEAM (CERT) PROGRAM FOR THE TOWN OF
AVE MARIA IN THE AMOUNT OF $17,977 - TO ENHANCE
THE EMERGENCY SERVICES IN THE COMMUNITY
Item # 16F8
RESOLUTION 2008-133: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2007-08 ADOPTED BUDGET - FOR THE TIME
PERIOD OF JANUARY 1, 2008 THROUGH MARCH 31, 2008
Item #16F9
BUDGET AMENDMENT THAT REDUCES CERTAIN FISCAL
YEAR 2008 CAPITAL PROJECT BUDGETS AND
APPROPRIATES CERTAIN FISCAL YEAR 2007 CAPITAL
GRANT PROJECT REVENUES CARRIED FORWARD INTO
Page 272
May 13, 2008
FISCAL YEAR 2008
Item #16FI0
WAIVE FORMAL COMPETITION AND AUTHORIZE STAFF TO
NEGOTIATE A NEW FEDERAL LOBBYIST SERVICES
CONTRACT WITH THE FERGUSON GROUP - IN THE
AMOUNT OF $107,000 FOR AN INITIAL TERM OF ONE YEAR
WITH THE OPTION TO RENEW FOR UP TO FIVE YEARS
Item #16Gl
RESOLUTION 2008-134: A RESOLUTION AUTHORIZING THE
COLLIER COUNTY AIRPORT AUTHORITY TO ENTER INTO
MASTER JOINT PARTICIPATION AGREEMENT (MJPA) 2008-
A WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO FUND PROJECTS AT THE
EVERGLADES AIRPARK, THE IMMOKALEE REGIONAL
AIRPORT AND MARCO ISLAND AIRPORT - AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16Hl
COMMISSIONER HALAS' REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE ATTENDED THE EDC VIP BREAKFAST ON
THURSDAY, MAY 1,2008, AT THE NAPLES GRANDE BEACH
RESORT IN NAPLES, FLORIDA. $28.00 TO BE PAID FROM
COMMISSIONER HALAS' TRAVEL BUDGET
Item # 16H2
Page 273
May 13, 2008
COMMISSIONER COLETTA'S REQUEST FOR
REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING
A VALID PUBLIC PURPOSE. HE WILL ATTEND THE EDC
BEST PLACES TO WORK A WARDS CEREMONY ON MAY 22,
2008. $35 TO BE PAID FROM COMMISSIONER COLETTA'S
TRAVEL BUDGET - LOCATED AT 5111 T AMI AMI TRAIL
NORTH, NAPLES
Item # 1611
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR
REFERRED:
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 274
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 13, 200S
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Bayshore/Gateway Triangle Local Redevelop Advisory Board:
Agenda of March 4, 200S.
Minutes of March 4, 200S.
2) Collier Countv Citizens Corps:
Agenda of February 20, 200S.
Minutes of February 20, 200S.
3) Collier County Coastal Advisorv Committee:
Minutes of March 13, 200S.
4) Collier County Code Enforcement Board:
Minutes of February 2S, 200S.
5) Collier County Planning Commission:
Agenda of April 3, 200S; April 17, 200S.
Minutes of February 21, 200S; March 6, 200S; Special Session
Minutes of February 25, 200S.
6) Contractors Licensing Board:
Agenda of April 16, 200S.
Minutes of March 19, 200S.
7) Development Services Advisory Committee:
Minutes of March 5, 200S.
S) Domestic Animal Services Advisory Committee:
Minutes of February 19, 200S.
9) Emergency Medical Services Advisory Council:
Minutes of February 27, 200S.
10) Environmental Advisory Council:
Agenda of April 2, 200S.
11) Fire Review Task Force:
Minutes of March 14, 200S.
12)
13)
14)
15)
Forest Lakes Roadway and Drainage Advisory Committee:
Agenda of April 9, 2008.
Minutes of March 12, 2008.
,--.~",",,-,"'-'"
Golden Gate Community Center Advisory'Committee:
Minutes of March 3, 2008.
Golden Gate Estates Land Trust Committee:
Agenda of September 21, JQ\l1, 8uember 5,2007; January 28,
2008, February 28, 2008.
Minutes of September 24; 2007, December 5, 2007; January 28,
2008, February 28, 2008.
Haldeman Creek Maintenance Dredging Advisory Committee:
Agenda of February 14, 2008; March 13,2008; April 10, 2008.
Minutes of January 10,2008; February 14, 2008; March 13,2008.
16) Hispanic Affairs Advisory Board:
'_"_d_'. MI~UlC::S or Jlt1'Iuary z4, 2008; February 28, 2008.
17) Immokalee Beautification Advisory Committee:
Agenda of March 26, 2008.
Minutes of February 27, 2008.
18) Isle of Capri Fire Control District Advisory Committee:
Agenda of March 6, 2008.
Minutes of March 6, 2008.
19) Land Acquisition Advisory Committee:
Agenda of April 14, 2008.
Minutes of March 10, 2008.
20) Lely Golf Estates Beautification Advisory Committee:
Agenda of March 20, 2008.
Minutes of February 21, 2008.
21) Library Advisory Board:
Agenda of February 27, 2008.
Minutes of January 23, 2008.
22) Parks and Recreation Advisory Board:
Minutes of February 20,2008; March 19,2008.
23) Pelican Bay Services Division Board:
Agenda of March 5, 2008.
Minutes of March 5, 2008.
A. Pelican Bay Services Division Board Municipal Services Taxing
and Benefit Unit:
Agenda of April 2, 2008; April 10, 2008; April 22,2008.
24) Public Vehicle Advisory Committee:
Agenda of April 7, 2008.
25) Radio Road Beautification Advisory Committee:
Agenda of March 18,2008.
Minutes of February 19, 2008.
26) Rural Lands Stewardship Area Review Committee:
Minutes of March 4, 2008.
B. Districts:
I) Fire Seryice Steering Committee:
Agenda of April 24, 2008.
Minutes of March 27, 2008.
C. Other:
I) Special Magistrate:
Minutes of January 31, 2008; March 7, 2008; April 4, 2008.
2) Collier County. Citv of Naples & East Naples Fire Control & Rescue
District:
Minutes of February 8, 2008.
3) City of Naples Community Redevelopment Agency:
2007 Annual Report.
4) Southwest Florida Regional Planning Council:
Annual Budget Report FY 2008/2009.
May 13, 2008
Item # 1611
SUPERVISOR OF ELECTIONS TO ACCEPT FEDERAL
ELECTION ACTIVITIES FUNDS WITH A 15% MATCHING
CONTRIBUTION - $35,698.43 IN FEDERAL FUNDS
Item # 1612
DISBURSEMENTS FOR THE PERIOD OF APRIL 19,2008
THROUGH APRIL 25, 2008 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item # 1613
DISBURSEMENTS FOR THE PERIOD OF APRIL 26, 2008
THROUGH MAY 02, 2008 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16Kl
AGREED ORDER FOR SUPPLEMENTAL ATTORNEY'S FEES
IN CONNECTION WITH PARCELS 720, 820A, 820B AND 920 IN
THE LAWSUIT STYLED COLLIER COUNTY V ELHANON
COMBS, ET AI., CASE NO. 03-2352-CA (GOLDEN GATE
P ARKW A y, PROJECT #60027) (FISCAL IMP ACT: $4,200.00)
Item #16K2
STIPULATED FINAL JUDGMENT FOR PARCEL NO. 159A IN
THE LAWSUIT STYLED CC V ANDY MORGAN, ET AL, CASE
NO. 02-5169-CA (IMMOKALEE ROAD PROJECT #60018)
(POSITIVE FISCAL IMPACT $953.04)
Page 275
May 13, 2008
Item # 16K3
AN EXCEPTION TO THE CURRENT HIRING FREEZE POLICY
FOR GENERAL FUND POSITIONS AND AUTHORIZE THE
COUNTY ATTORNEY TO ADVERTISE FOR AND FILL A
VACANT ESSENTIAL ASSISTANT COUNTY ATTORNEY
(LAND USE) POSITION
Item #16K4
RESOLUTION 2008-135: A RESOLUTION REVISING THE
COUNTY ATTORNEY OFFICE FISCAL YEAR PAY AND
CLASSIFICATION PLAN EFFECTIVE MAY 14,2008, AND
APPROVE THE NEW JOB DESCRIPTIONS FOR SECTION
CHIEFS AND THE OF COUNSEL POSITION
Item #16K5
SETTLEMENT AT MEDIATION PRIOR TO TRIAL IN THE
LA WSUIT ENTITLED ESTELLA lEMMA, Er AL, Vs. COLLIER
COUNTY BOARD OF COMMISSIONERS FILED IN THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA, CASE NO. 07-2295-CA, FOR $20,000.00
Item #16K6
ASSISTANT COUNTY ATTORNEY TO BID ON BEHALF OF
COLLIER COUNTY AT FORECLOSURE (CODE
ENFORCEMENT LIEN) SALES SCHEDULE BY THE CLERK IN
BOARD OF COUNTY COMMISSIONERS V JEAN CLAUDE
MARTEL, CASE NO. 06-1902-CA
Page 276
May 13, 2008
Item # 1 7 A
RESOLUTION 2008-136: PETITION: V A-2007-AR-12668 B&B
CASH GROCERY STORES, INC., REPRESENTED BY CHARLIE
MARTIN, REQUESTING A VARIANCE OF 17 FEET TO
REPLACE AN AUTOMOBILE SERVICE STATION CANOPY
THAT WAS DESTROYED BY HURRICANE WILMA; AND A
VARIANCE OF SEVEN FEET TO RELOCATE TWO FUEL
PUMP DISPENSERS. THE SUBJECT PROPERTY IS LOCATED
AT 4011ST STREET SOUTH, SOUTH IMMOKALEE HEIGHTS
UNIT, SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA
Item #17B
RESOLUTION 2008-137: PETITION: VA-2008-AR-12951 IRVINE
DUBOW, REQUESTING A 10.7-FOOT VARIANCE FROM THE
REQUIRED 15-FOOT FRONT YARD SETBACK OF THE
VINEYARDS PUD, TO ALLOW A 4.3-FOOT SETBACK IN
ORDER TO REBUILD A POOL CAGE THAT WAS DESTROYED
BY HURRICANE WILMA. THE SUBJECT PROPERTY IS
LOCATED AT 5901 ALMADEN DRIVE IN SECTION 8,
TOWNSHIP 49 S, RANGE 26 E, COLLIER COUNTY, FLORIDA
Item #17C
RESOLUTION 2008-138: PETITION: HD-2008-AR-12980,
PATRICIA AND STEVE HUFF REQUEST A HISTORIC
DESIGNATION FOR PROPERTY LOCATED AT 238 MAMIE
STREET FOR BUILDING KNOWN AS JT'S ISLAND GRILL
AND GALLERY. SUBJECT PROPERTY IS LOCATED IN
Page 277
May 13,2008
SECTION 36, TOWNSHIP 53, RANGE 29, CHOKOLOSKEE,
FLORIDA
Item #17D
RESOLUTION 2008-139: PETITION: HD-2008-AR-12981,
EVERGLADES SOCIETY FOR HISTORICAL PRESERVATION
IS REQUESTING A HISTORICAL DESIGNATION FOR THE
BULA MISSIONARY BAPTIST CHURCH OF COPELAND NOW
KNOWN AS THE FRANCES HODGE COMMUNITY CENTER.
THE SUBJECT PROPERTY IS LOCATED AT 210 TURNSTILE
DRIVE WHICH IS LOCATED ON THE SOUTH SIDE OF
TURNSTILE DRIVE AND APPROXIMATELY 150 FEET WEST
OF THE INTERSECTION WITH LEE CYPRESS DRIVE IN
SECTION 13, TOWNSHIP 52, RANGE 29, COPELAND,
FLORIDA
Item #17E - Moved to Item #16A15
Item #17F
RESOLUTION 2008-140: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2007-08 ADOPTED BUDGET
Page 278
May 13,2008
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:55 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPE~~,;!';NDER ITS CONTROL
TOM HENNING, ChaIrman
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ATTEST::"'i,
'-," ,
Q_W-\GHT. E. BRQC,K, CLERK
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These minutes approved by the Board on J'h,)r/'- 10,loo&
presented v- or as corrected
, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 279