BCC Minutes 05/27/2008 R
May 27, 2008
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 27, 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
Frank Halas
Fred Coyle (Absent)
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 27, 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 (Absent)
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 27, 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 A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Rabbi Fishel Zaklos, Chabad Jewish Center of Naples
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. April 22/23, 2008 - BCC/Regular Meeting
C. April 29, 2008 - BCC/Growth Management Plan Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
A. Proclamation to recognize June 2008 as Myasthenia Gravis Awareness
Month. On behalf of Marie T. Tronnlof, President of Greater Florida
Chapter of the Myasthenia Gravis Foundation of America, Roberta Hect will
be accepting this Proclamation.
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May 27, 2008
5. PRESENTATIONS
A. Presentation of the Advisory Committee Outstanding Member Award for
May 2008 to Dr. James Alward Van Fleet, County Government Productivity
Committee.
B. Presentation by the National Weather Service declaring Collier County
Storm Ready.
C. Presentation on the Naples Jail Improvement Project by Vanderbilt Bay
Construction, Inc.
D. Distinguished Budget Presentation Award for the current fiscal year (21 st)
from the Government Finance Officers Association (GFOA) presented to the
Office of Management and Budget. To be accepted by John Yonkosky,
Director, Office of Management and Budget.
6. PUBLIC PETITIONS
A. Public petition request by Donald Scott to discuss short term use of office
space to store furniture for Volunteer Collier.
B. Public petition request by Vann Ellison to discuss impact fee deferral for
Wolfe Apartments.
C. Public petition request by Richard Williams to discuss Vanderbilt Beach
Road Extension Project at 740 29th Street NW.
D. Public petition request by Brian Lachance to discuss ordinance relating to
occupational licensing fees.
E. Public petition request by Monica Fish to discuss dumpster enclosure at
Immokalee Friendship House.
F. Public petition request by Dustin Tidwell to discuss office furniture bids.
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
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May 27, 2008
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation to consider the Dissolution of Copper Cove Community
Development District (CDD) pursuant to Section 190.046(9), Florida
Statutes.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Affordable Housing Advisory Committee.
B. Appointment of member to the Radio Road Beautification Advisory
Committee.
C. Appointment of member to the Educational Facilities Authority.
D. Appointment of member to the Bayshore/Gateway Triangle Local
Redevelopment Advisory Board.
E. Appointment of member to the Development Services Advisory Committee.
F. Recommendation to adopt a resolution pertaining to the proposed "River of
Grass Greenway" and preliminary altematives for non-motorized
transportation access and increased awareness and support for the
preservation of the Everglades. (Commissioner Coletta)
G. This item to be heard at 10:30 a.m. Recommendation to adopt a
Resolution superceding Collier County Resolution No. 07-340 and
amending the purchasing policy to include a Local Preference Policy and
Procedure. (Commissioner Tom Henning)
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11 :00 a.m. Recommendation to review and
approve the February 2008 Report of the Rural Lands Stewardship Area
Committee entitled, Rural Land Stewardship Area Five-Year Review, Phase
1- Technical Report for use in the Rural Lands Stewardship Overlay District
Phase 2 Report and authorize transmittal to the Florida Department of
Community Affairs. (Thomas Greenwood, AICP, Principal Planner,
Comprehensive Planning Department, CDES)
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May 27, 2008
B. This item to be heard at 2:00 p.m. Recommendation that the Board of
County Commissioners review proposals and selection committee
recommendation for approval of the award ofRFP #08-5026, Development
of the Bembridge Planned Unit Development. (Marcy Krumbine, Director,
Housing and Human Services)
C. Recommendation to approve a Resolution supporting the national strategic
importance of maintaining spaceflight expertise at the Kennedy Space
Center in the State of Florida and ensuring that future crew and cargo
missions to the International Space Station use domestic capabilities. (Jim
Mudd, County Manager)
D. Recommendation to approve a budget amendment reducing budgeted
revenues in the General Fund (001) for Fiscal Year 2008 in the amount of
$6,752,500. (John Yonkosky, Director, Office of Management and Budget)
E. Recommendation that the Board of County Commissioners place a School
Board referendum on the August 26, 2008 Primary Election ballot. (Jim
Mudd, County Manager)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. To provide the Board of County Commissioners (Board) with information
regarding changes in Value Adjustment Board legislation, to appoint two
members of the V AB from the membership of the Board and to request
direction on the solicitation of citizens interested in serving on the Value
Adjustment Board (V AB) for 2008.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
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May 27, 2008
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) To accept final and unconditional conveyance of the water utility
facility for Fiddler's Creek Club Center.
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Fiddler's Creek - Phase 2AGC - Runway Lane.
3) Recommendation to approve final acceptance of the water and sewer
utility facilities for Masters Reserve, Phase 2.
4) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mandalay with the
roadway and drainage improvements being privately maintained.
5) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Ashton Place (Lely Resort
PUD), the roadway and drainage improvements will be privately
maintained.
6) This is a recommendation to grant final approval of the roadway
(private) and drainage improvements for the final plat of Prest wick
Place, (Lely Resort PUD). The roadway and drainage improvements
will be privately maintained.
7) This item requires that ex parte disclosure be provided bv
Commission Members. Should a heariof! be held on this item, all
participants are required to be sworn in. Recommendation to
approve an Encroachment Agreement for Lot 77, The Lodgings of
Wyndemere.
8) Recommendation that the Board of County Commissioners (BCC)
waive the formal competitive threshold and authorize Staff to use the
Naples Daily News for all required legal advertising expenditures. It
is anticipated that The Zoning and Land Development Review
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May 27, 2008
Department will exceed $50,000 per year.
9) That the Board of County Commissioners provide direction to the
County Attorney and the County Manager (or his designee) to
advertise an amendment to the Collier County Consolidated Impact
Fee Ordinance, for consideration at the next available regular meeting
of the Board of County Commissioners, to remove an obsolete
reference to the Capital Improvement Element in the Use of Funds
provisions in order to maintain the internal consistency of the
ordinance, as recommended by the County Attorney.
10) Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development-related review and
processing fees as provided for in The Code of Laws and Ordinances,
Section 2-11.
11) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions.
12) Brian Jones of Adventure Training Concepts, LLC requests a
Temporary Use Permit in accordance with the provisions of the Land
Development Code (LDC) for two additional weeks beyond the
fourteen day time limit allowed by the LDC for a sum total of 28 days
during the 2008 calendar year to conduct corporate training events on
property located in the Rural Agricultural (A) Zoning District, located
on Red Hawk Lane in Section 04, Township 47E, Range 27S and to
request a fee waiver for the cost of each Temporary Use Permit to
allow the applicant to pay two hundred dollars for one permit that
would encompass the entire length of time allowed by the LDC or as
approved by the Board of County Commissioners (Board), rather than
two hundred dollars per permit per event.
13) Recommendation to reject a Proposed Settlement Agreement
providing for Compromise and Release of Lien in the Code
Enforcement Action entitled Collier County v. Donald E. Gray, CEB
No. 2004-005, relating to property located at 267 3rd Street West,
Collier County, Florida.
B. TRANSPORTATION SERVICES
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May 27, 2008
1) Recommendation to reject RFP 08-5007, Right of Way Easement
Acquisition Services - Golden Gate Boulevard. No Fiscal Impact.
2) To receive approval from the Board of County Commissioners (BCC)
to amend Chapter 74 of the Collier County Code of Laws and
Ordinances, Consolidated Impact Fee Ordinance with respect to the
way Alternative Impact Fee Studies are conducted.
3) Recommendation that the Board of County Commissioners approve
one (1) Adopt-A-Road Program Agreement with two (2) roadway
recognition signs at a total cost of$150.00
4) Recommendation to approve a budget amendment to transfer funds
into the Freedom Park (aka Gordon River Water Quality Park),
project number 510185, in the amount of$139,040.85.
5) Recommendation to approve the Collier Metropolitan Planning
Organizations (MPO) Operating Budget for FY 2008/09, including a
$5,000 County match for Federal Highway Administration Planning.
(Program Total of$I,373,892)
6) Recommendation to authorize the Chairman of the Collier County
Board of County Commissioners to execute the Utility Facilities
Warranty Deed and Bill of Sale for sewer facilities that lie within the
right-of-way on Davis Boulevard at the Collier Area Transit (CAT)
Facility.
7) Request for authorization to bring back to the Board of County
Commissioners an Ordinance amending Collier County Ordinance
No. 72-1, as amended (The Collier County Lighting District) by
amending section one, area established, to add: The Southwest 1/4 of
Section 11, Township 49 South Range 25 East and all of the lands
lying within the boundaries of the plat of Majestic Pines as recorded
in Plat Book 20, Pages 55 and 56 of the Public Records of Collier
County, Florida to the Collier County Lighting District; Providing for
the inclusion in the Code of Laws and Ordinances; Providing for
conflict and severability; and providing an effective date.
C. PUBLIC UTILITIES
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May 27, 2008
1) Recommendation to approve a License Agreement with Gulf Coast
Citrus Caretaking, Inc., for the use of Collier County Water- Sewer
District-owned property at the Northeast Water Treatment Plant and
Water Reclamation Facility site.
2) Recommendation to amend Contract # 07 -4138 Reclamation of
Collier County Landfill Cells 1 & 2 by (a) Deleting Section 5.4 Limits
on County Payments and (b) amending Section 8. Terms to facilitate
payments for earlier completion and to shorten project term from 24
months to 16 months.
3) Recommendation to approve a Budget Amendment reallocating
capital project budgets within the Solid Waste Capital Projects Fund
474 in the amount of$250,000.
4) Recommendation to approve the communication of concerns from the
Collier County Water-Sewer District, by letter, under the signature of
the Chair of the Board of County Commissioners, Ex-Officio, the
Governing Board of the Collier County Water-Sewer District, to the
South Florida Water Management District relative to the proposed
revisions to Florida Administrative Code Chapter 40E-24 (Year-
Round Irrigation Rule.)
D. PUBLIC SERVICES
1) Recommend approval of a budget amendment totaling $522,000 from
Parks and Recreation Impact Fee Fund 346 reserves to fund
purchasing of property to provide off-site remote parking for Bayview
Park Project #800603.
2) Recommendation to approve the after-the-fact submittal of the Justice
and Mental Health Collaboration Program grant application and
Memorandum of Understanding in the amount of$250,000 to the
United States Department of Justice, Bureau of Justice Assistance
and, if awarded, to serve as the Fiscal Agent and to authorize staff to
negotiate a sub-recipient agreement with the Collier County Sheriff's
Office and the David Lawrence Center.
3) Recommendation to Recognize Revenue received from Universal
Services Administrative Company (USAC) in the amount of $48,000
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May 27, 2008
and appropriate funds to purchase and install public computer
management software in our public libraries.
4) To approve application for a Health Information Technology Special
Congressional Initiative earmark from the United States Department
of Health and Human Services to develop and implement a shared
informational database between the portals of entry for the poor into
the health care system. ($323,911)
5) Recommendation to approve an agreement with the District School
Board of Collier County for transporting school-age recreation
program participants at an estimated cost of $1 06,000.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve the amendment of Contract No. 08-5011
Annual Contract for Underground Utility Contracting Services with
D.N. Higgins, Incorporated; Kyle Construction Corporation; Quality
Enterprises, Incorporated; Mitchell and Stark Corporation; and
Haskins, Incorporated to change work order signature requirements.
2) Recommendation to approve an Agreement for Sale and Purchase
with Richard F. Berman as Trustee of an unrecorded trust agreement
dated July 27,1998 and known as the Richard F. Berman Revocable
Trust of 1998 for 1.14 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $22,700.
3) Recommendation to approve an Agreement for Sale and Purchase
with Richard F. Berman for 1.14 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $18,700.
4) Recommendation to approve an Agreement for Sale and Purchase
with Lorraine F. O'Rourke, as ancillary personal representative of the
Florida estate of Terrance O'Rourke, deceased, for 1.14 acres under
the Conservation Collier Land Acquisition Program, at a cost not to
exceed $27,820.
5) Recommendation to approve an Agreement for Sale and Purchase
with Virginia 1. Freitas, Trustee of the Virginia J. Freitas Revocable
Trust Agreement Dated September 7,2005 for 2.27 acres under the
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May 27, 2008
Conservation Collier Land Acquisition Program, at a cost not to
exceed $44,400.
6) Recommendation to approve an Agreement for Sale and Purchase
with Kaye Homes, Inc., a Florida corporation for 4.00 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $340,700.
7) Recommendation to approve an Agreement for Sale and Purchase
with Virginia Anne Devisse, Trustee of the Virginia Anne Devisse
Trust dated December 22, 1990 for 8.65 acres under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $138,250.
8) Recommendation to approve an Agreement for Sale and Purchase
with Frank J. Celsnak and Marlene 1. Celsnak, as Trustees U/D/T (OR
U/ A) Dated 27 December 1991 for 1.14 acres under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $18,700.
9) Recommendation to approve the granting of an Easement for Ingress
and Egress to the Board of Trustees of the Internal Improvement Fund
of the State of Florida, at no additional cost to the County. (Shell
Island Road)
10) Recommendation to approve a Final Management Plan for the Wet
Woods Preserve under the Conservation Collier Land Acquisition
Program.
11) Recommendation to award Bid #08-5046 Purchase and Installation of
Hurricane Shutters on the Main Government Complex to Jansen
Shutter and Specialties in the amount of $1 05, 1 02.
F. COUNTY MANAGER
1) Recommendation to recognize and accept a donation from Atrus, Inc.,
a sole source supplier, valued at $5,000 for installation of AED
notification equipment and software as well as two years of service
valued at $48,000.
2) Recommendation for the Board to direct staff to advertise the
proposed amended Bylaws, as approved by the Emergency Medical
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May 27, 2008
Services Advisory Council on April 30, 2008, and the proposed
amended Ordinance, amending Ordinance No. 80-80, as amended.
3) Recommendation to approve a contract with Turbomeca USA for
helicopter maintenance and part replacement for an estimated cost of
$97,000 in FY09.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To approve and execute a Shoreline Stabilization Grant Agreement(s)
between the Collier County Community Redevelopment Agency and
a Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area. (2854 Becca Avenue) ($5,000)
2) To approve and execute a Site Improvement Grant Agreement(s)
between the Collier County Community Redevelopment Agency and
a Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area. (4260 Bayshore Drive) ($7,543.47)
3) To approve and execute a Site Improvement Grant Agreement(s)
between the Collier County Community Redevelopment Agency and
a Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area. (1570 Shadowlawn Drive) ($8,000)
4) To approve and execute a Sweat Equity Grant Agreement(s) between
the Collier County Community Redevelopment Agency and a Grant
Applicant(s) within the Bayshore Gateway Triangle Community
Redevelopment area. (160 Jeepers Drive) ($1,000)
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
Fiala attended the Marco Island Foundation for the Arts Annual
Meeting on May 2,2008 at The Marco Island Yacht Club. $35.00 to
be paid from Commmissioner Fiala's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attending The
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May 27, 2008
Zonta Club of Naples 35th Anniversary dinner on June 14,2008 at the
Naples Beach Hotel and Golf Club, Naples, FL.; $60.00 to be paid
from Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of May 03,
2008 through May 09,2008 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of May 10,
2008 through May 16, 2008 and for submission into the official
records of the Board.
3) Recommendation to approve a budget amendment transferring Courts
Diversion Fee revenues previously recorded, inadvertently, in the
General Fund (001) to the Court Operations Fund (681). ($488,373)
4) Recommendation to approve budget amendments recognizing
carryforward in Teen Court Fund (171) and transferring funds to
Court Innovations Fund (192) in accordance with Ordinance 2004-42
in the amount of$123,900.
5) Recommendation that the Board Of County Commissioners approve
an agreement authorizing the Collier County Sheriffs Office to have
traffic control jurisdiction over private roads within the Forest Park
subdivision.
6) Recommendation to approve Change Order #1 to add $45,000 to
Contract #07 -4152, "Auditing Services for Collier County", with
Ernst and Young LLP, and authorize a budget amendment of$80,000
to cover the full amount of the agreement.
K. COUNTY ATTORNEY
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May 27, 2008
1) Recommendation that the Board of County Commissioners approve
the Proposed Joint Motion for an Agreed Order Awarding Costs
Relating to Parcel 143 in the Collier County v. Charles R. Wilson, et
aI., Case No. 02-5l64-CA, Immokalee Road Project #60018. (Fiscal
Impact: $7,000.00).
2) Recommendation to ratify and approve a pre-litigation fee dispute and
settlement between Collier County Emergency Medical Services and
Inside Out Sports and Entertainment, LLC, in the amount of
$3,000.00 for services rendered in 2006 at the Champions Club
Naples Tennis Tournament.
3) Recommendation to approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement in the amount
of $200,000 for the acquisition of Parcels 112 and 712 in the lawsuit
styled CC v. Woodmere Owners Association, Inc., et aI., Case No. 06-
1332-CA (County Barn Road Project No. 60101). (Fiscal Impact
$123,396)
4) Recommendation that the Board of County Commissioners adopts a
Resolution approving the revised Guidelines and Rules goveming the
Golden Gate Community Center Advisory Committee.
5) Recommendation that the Board of County Commissioners authorize
the County Attorney's Office to make a Demand for Judgment and an
Offer of Judgment to Metcalf & Eddy, Inc., in an attempt to settle
ongoing litigation in the case known as Collier County and Collier
County Water-Sewer District v. Metcalf & Eddy, Inc. and Travelers
Casualty and Surety Company of America.
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
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May 27, 2008
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. Recommendation that the Board of County Commissioners consider
adopting an Ordinance to amend the Fee Payment Assistance Program to
allow existing Collier County businesses that are expanding to include the
wages of current employees in establishing their eligibility for the Fee
Payment Assistance Program; the Ordinance has been prepared in
accordance with the request by the Economic Development Council of
Collier County and the prior direction of the Board of County
Commissioners.
B. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 75-04, which created the Golden Gate
Municipal Services District, in order to establish a name for the advisory
board appointed by the Districts governing board, extend the terms of the
advisory board appointments, add a new advisory board alternate member
position, and correct minor typographical errors.
C. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. DOA-2007-AR-1265l:
Ave Maria Development, LLLP, represented by George Varnadoe, of
Cheffy, Passidomo, Wilson, and Johnson, LLP, is requesting an amendment
to the Town of Ave Maria Development of Regional Impact (DRI)
Development Order to reflect and memorialize changes in the Florida
Statutes relating to the sale of affordable housing units pursuant to Florida
Statutes, Subsection 380.06(19)(e)(2)(k). The subject property is located in
the Town of Ave Maria, part of Sections 4 through 9 and Sections 16
through 18, Township 48 South, Range 29 East and part of Sections 31
through 33, Township 47 South, Range 29 East, Collier County, Florida.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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May 27, 2008
May 27, 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. Good morning,
everybody. Welcome to the May 27,2008, Board of Commissioners'
Meeting. Today's invocation will be by Rabbi Fishel Zaklos.
COMMISSIONER FIALA: Zaklos.
CHAIRMAN HENNING: Zaklos, thank you. Then after that
we'll have the Pledge of Allegiance. Would you all rise for the
invocation and Pledge?
RABBI ZAKLOS: Good morning.
COMMISSIONER FIALA: Good morning.
RABBI ZAKLOS: Let us begin with a Biblical priestly blessing.
Yivarechica Adonay Viyishmorecha, Ya'er Adonay Panav Eilecha,
Yisa Adonay Panav Eilecha, Viyasem Licha Shalom.
May the Lord bless you and watch over you. May the Lord make
His countenance shine upon you and favor you. May the Lord lift His
countenance toward you and grant you peace.
I'm honored to stand in the presence of such distinguished
individuals who devote their lives to better the lives of others. We
thank God today that our beloved Collier County is blessed with such
distinguished county commissioners who are beacons of unwavering
strength, belief, and leadership.
We know that the strength to do what you do is born out of
profound faith, hope, prayer, and trust in God almighty.
We are coming now from the Jewish holiday of Lag BaOmer, a
day we recall the legacy and teachings of the holy sage, Rabbi Akiva.
Rabbi Akiva is known as a lover of peace and unity, and this legacy
continues to this day right here in this room.
God of heaven, master of the world, look favorably and bless the
members of the Board of County Commissioners gathered here today.
Look favorably and bless these distinguished individuals chosen by
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May 27, 2008
thousands of people who have placed their faith and confidence in
them to make laws and decisions for them and their families, give
them the wisdom to enact laws which will bring ethics and values into
our community. He who makes peace on high may bring peace upon
us and upon all of humanity.
And let us say, amen. God bless America, God bless Collier
County, and God bless all of you.
Thank you.
CHAIRMAN HENNING: Thank you.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN HENNING: That was a great, powerful speech to
start off our meeting.
County Manager, would you lead us through today's changes.
Item #2A
REGULAR, CONSENT AND SUMMARY AGENDA-
APPROVED AND/OR ADOPTED WITH CHANGES
MR. MUDD: Yes, sir. Agenda changes, Board of
Commissioners' meeting, May 27, 2008.
Move item 18K4 to 128. It's a recommendation that the Board
of County Commissioners adopt a resolution approving the revised
guidelines and rules governing the Golden Gate Community Center
Advisory Committee. This is a companion item to 8B to be heard
after one p.m. It's then -- this item's being moved at Commissioner
Henning's request.
Next item is to move item 17B to 88. It's a recommendation that
the Board of Commissioners adopts an ordinance amending ordinance
number 75-04 which created the Golden Gate Municipal Services
District in order to establish a name for the advisory board appointed
by the district's governing board, extend the terms of the advisory
Page 3
May 27, 2008
board's appointments, add a new advisory board alternate member
position, and correct minor typographical errors.
This item is also asked to be moved by Commissioner Henning
to the regular agenda. And this is, again, a companion item to 12B to
be heard after one p.m.
Then you have some time certain items today.
The first is item 9G to be heard at 10:30 a.m. It's a
recommendation to adopt a resolution superseding Collier County's
resolution 07-340 and amending the purchasing policy to include a
local preference policy and procedure. That's Commissioner
Henning's item at 10:30 today.
Next item is item lOA to be heard at 11 a.m., and this is a
recommendation to review and approve the February, 2008, report of
the Rural Land Stewardship Area Committee entitled Rural Land
Stewardship Area Five-Year Review Phase I Technical Report for use
in the Rural Land Stewardship Overlay District Phase II Report, and
authorize transmittal to the Florida Department of Community Affairs.
And the person to present will be Thomas Greenwood, AICP, on
that particular item at 11 a.m. The chairman of this group is also going
to have a couple of words on 10A.
The next item is 10B to be heard at two p.m. It's a
recommendation that the Board of County Commissioners review
proposals and selection committee recommendations to approve of the
award ofRFP 08-5026, development of the Bembridge Planned Unit
Development. Marcy Krumbine, Director of Housing and Human
Services will present that item at two p.m.
That's all I have, Mr. Chairman and Commissioners.
CHAIRMAN HENNING: Thank you.
County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN HENNING: Commissioner Halas, do you have
any ex parte communications or any other changes to today's agenda?
Page 4
May 27, 2008
COMMISSIONER HALAS: Thank you very much,
Commissioner.
I have no disclosures on either the consent agenda or the
summary agenda, and I have no changes to today's agenda at all.
Thank you.
CHAIRMAN HENNING: I have ex parte communication on
17C, met with the petitioner and received a phone call from a
constituent.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have ex parte on consent
agenda 17C as well. I've met with the petitioner and received phone
calls and correspondence.
And also, Mr. Chairman, I would love to pull 16B2, just for a
little bit of discussion. There were some questions I had about that
and that is the alternative impact fee studies. And I just wanted to talk
about that at our meeting.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: I'm sorry, did you want to--
okay. We can deal with that afterwards.
Consent agenda, 17 -- 16A 7. I've had correspondence, and on the
summary agenda, 17C, I've had meetings and correspondence, and
that's it. No other changes. Thank you.
MR. MUDD: Mr. Chairman, the pull on 16B2 would become
10F.
CHAIRMAN HENNING: Okay. If there's no other further
changes to today's agenda, I'll entertain a motion to approve as
amended.
COMMISSIONER HALAS: So moved.
CHAIRMAN HENNING: Motion by Commissioner Halas.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
Page 5
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Mav 27. 2008
Move Item 16K4 to 12B: Recommendation that the Board of County Commissioners adopts a
Resolution approving the revised Guidelines and Rules governing the Golden Gate Community
Center Advisory Committee. (Companion to Item 8B, to be heard after 1 :00 p.m.) (Commissioner
Henning's request.)
Move Item 17B to 8B: Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 75-04, which created the Golden Gate Municipal Services
District, in order to establish a name for the advisory board appointed by the Districts governing
board, extend the terms of the advisory board appointments, add a new advisory board alternate
member position, and correct minor typographical errors. (Commissioner Henning's request)
(Companion to Item 12B, to be heard after 1:00 p.m.)
Time Certain Items:
Item 9G to be heard at 10:30 a.m. Recommendation to adopt a Resolution superseding Collier
County Resolution No. 07-340 and amending the purchasing policy to include a Local Preference
Policy and Procedure. (Commissioner Henning.)
Item 1 OA to be heard at 11 :00 a.m. Recommendation to review and approve the February, 2008
Report of the Rural Lands Stewardship Area Committee entitled, "Rural Land Stewardship Area Five-
Year Review, Phase 1 - Technical Report" for use in the Rural Lands Stewardship Overlay District
Phase 2 Report and authorize transmittal to the Florida Department of Community Affairs. (Thomas
Greenwood, AICP, Principal Planner, Comprehensive Planning Department, CDES.)
Item 10B to be heard at 2:00 p.m. Recommendation that the Board of County Commissioners review
proposals and selection committee recommendation for approval of the award of RFP #08-5026,
Development of the Bembridge Planned Unit Development. (Marcy Krumbine, Director, Housing and
Human Services.)
May 27, 2008
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #2B and #2C
MINUTES FOR THE APRIL 22-23, 2008 BCC REGULAR
MEETING AND APRIL 29, 2008 BCC GROWTH MANAGEMENT
PLAN MEETING - APPROVED AS PRESENTED
Entertain a motion to approve April 25th -- April 22/23, '08, BCC
regular meeting and April 29, 2008, Growth Management Plan
amendment meeting.
COMMISSIONER HALAS: So moved.
CHAIRMAN HENNING: Motion by Commissioner Halas,
second by Commissioner --
COMMISSIONER FIALA: Commissioner Fiala, uh-huh.
CHAIRMAN HENNING: Commissioner Fiala.
All in favor of the motion signify by saying aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Go right into proclamations.
Page 6
May 27, 2008
Item #4A
PROCLAMATION RECOGNIZING JUNE, 2008 AS
MY ASTHENIA GRAVIS AWARENESS MONTH ON BEHALF OF
MARIE T. TRONNLOF, PRESIDENT OF THE GREATER
CHAPTER OF THE MYASTHENIA GRAVIS FOUNDATION
AMERICA - ADOPTED
MR. MUDD: We have -- the first proclamation is to recognize
June, 2008, as Myasthenia Gravis Award -- Awareness Month, on
behalf of Marie T. Tronnolof, president of the Greater Naples Chapter
of the Myasthenia Gravis Foundation of the America. Roberta Hect
will be accepting this proclamation.
Ms. Hect?
COMMISSIONER FIALA: Arthur Hect will be coming up here
to receive this. Arthur, a friend of the community and a great leader in
the Naples Press Club, by the way, and a good friend.
MR. HECT: Thank you very much.
COMMISSIONER FIALA: Thank you for being here, Arthur.
And would you like to face the camera so they can see who you are.
Thank you.
Proclamation: Whereas, myasthenia gravis, Greek and Latin
words meaning grave muscle weakness, is a chronic autoimmune
muscular disease which affects an estimated 14 out of every 100,000
individuals without regard to race, age, sex, or economic background.
It is a probable -- it is probable, however, that myasthenia gravis is
under-diagnosed or misdiagnosed and the prevalence may be higher;
and,
Whereas, myasthenia gravis is characterized by a fluctuating
weakness of voluntary muscle groups with symptoms including
blurred and double vision, loss of balance, slurred speech, difficulty in
walking, swallowing, chewing, breathing. The weakness increases
Page 7
May 27,2008
with continued activity with the muscle distribution and degree of
weakness varying from myasthenic to myasthenic; and,
Whereas, there is no cure for myasthenia gravis but there are
effective treatments that allow many but not all people with
myasthenia gravis to lead full lives; and,
Whereas, there is much that can be done and still much to
understand. Research plays an important role in finding new answers
in treatments for myasthenia gravis; and,
Whereas, the Myasthenia Gravis Foundation of America,
Incorporated, along with its local chapters, seeks to assist those
suffering with myasthenia gravis and to increase awareness of this
formally fatal and crippling decease.
Now, therefore, be it proclaimed by the Board of Commissioners
of Collier County, Florida, that June, 2008, be designated as
Myasthenia Gravis Awareness Month.
Done and ordered this 27th day of May, 2008, Board of County
Commissioners, Collier County, Florida, Tom Henning, Chairman.
And Mr. Chairman, I make a motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala to
approve, second by Commissioner Coletta.
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: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Congratulations.
(Applause.)
Page 8
May 27, 2008
COMMISSIONER FIALA: Thank you.
MR. HECT: Thank you. Thanks so much.
COMMISSIONER HALAS: Thank you very much.
CHAIRMAN HENNING: Get a picture, please.
COMMISSIONER FIALA: Arthur, come back and let us take a
picture of you.
COMMISSIONER HALAS: Commissioner, I have a question.
Is this similar to Lou Gehrig's disease?
COMMISSIONER FIALA: I don't know.
MR. HECT: No, it's not.
COMMISSIONER HALAS: Oh, okay.
MR. HECT: Thank you.
COMMISSIONER FIALA: Thank you very much. Would you
like to say a few words, Arthur?
MR. HECT: As a myasthenic myself, on behalf of the Greater
Florida Chapter of Myasthenia Gravis, the national foundation and all
myasthenics of Collier County, I gratefully accept this proclamation.
This proclamation represents an important part of the
association's campaign, which extends across the county, the country,
and internationally, to increase awareness among the medical
community, particularly, and the public at large, and hope that
individuals receive proper early diagnosis, optimal treatment, and the
discovery of an ultimate cure for this disabling disease.
Thank you, Commissioners. Appreciate the proclamation.
CHAIRMAN HENNING: Thank you.
Item #5A
PRESENTATION OF THE ADVISORY COMMITTEE
OUTSTANDING MEMBER AWARD FOR MAY, 2008 TO DR.
JAMES AL WARD V AN FLEET, COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE - PRESENTED
Page 9
May 27, 2008
MR. MUDD: Commissioner, that brings us to presentations. The
first presentation is to the advisory committee outstanding member for
May of 2008, and that's to Mr. James Alward Van Fleet, the Collier
Government Productivity Committee. Dr. Van Fleet, come forward,
please.
Dr. Van Fleet has earned the respect and admiration of his fellow
committee members, as well as county staff. Jim proudly serves as a
member of both the Productivity Committee and the Hispanic Affairs
Advisory Board. He has held the position of chairman of both
advisory committees.
Jim has used his expertise in economics, public administration,
and urban planning to bring many products to successful completion.
Jim is proud to call Collier County his home, and he works hard
to ensure that our community remains a great place to live. His sense
of humor, attention to detail, and high level of professionalism truly
make him an outstanding advisory committee member.
Ladies and gentlemen, I'd like to present to you Dr. James Van
Fleet, Advisory Committee Outstanding Member for May of 2008.
(Applause.)
CHAIRMAN HENNING: Congratulations. Hang that up on
your wall, probably with many others, right?
COMMISSIONER HALAS: Hi.
COMMISSIONER COLETTA: Thank you for your service
here.
DR. VAN FLEET: Thank you. Thank you very much.
COMMISSIONER COLETTA: Thank you.
Item #5B
PRESENTATION BY THE NATIONAL WEATHER SERVICE
DECLARING COLLIER COUNTY STORM READY -
PRESENTED
Page 10
May 27, 2008
MR. MUDD: Commissioners, the next presentation is by the
National Weather Service declaring Collier County storm ready.
Gentlemen, could you please come forward.
MR. POST: Good morning. My name is Rusty Post. I'm the
meteorologist in charge of the National Weather Service over in
Miami. We're collocated with the hurricane center on the campus of
FlU over there.
And I am so pleased to be here today to recertify Collier County
as storm ready. That program started as a grass-roots program in
Oklahoma back in 1999. And it's a certification of the county that the
resources are in place and the operations are ready to handle any
emergencies, which not only includes hurricanes but also tornadoes
and wildfires.
And so without taking any more time, we have your storm ready
certification for another three years from 2008 to 2011, and I will say
that Collier is one of the first counties in the state to have this
certification, and this is your second renewal, and that's quite an
accomplishment. So congratulations.
CHAIRMAN HENNING: Congratulations.
(Applause)
COMMISSIONER FIALA: How do you get ready for a
tornado?
MR. POST: I'm sorry?
COMMISSIONER FIALA: How do you get ready for a
tornado?
COMMISSIONER COLETTA: Wear a helmet wherever you
go?
MR. POST: We have a weather radio transmitter in Naples that
will transmit a warning ~hat we will broadcast from the Weather
Service office there in Miami and the preparedness rules. We have
sky warn spotters throughout the county that are watching for funnel
clouds and the development of tornados, so that's about everything
Page 11
May 27, 2008
you should --
COMMISSIONER FIALA: Is there a horn or something? I'm
sorry to ask this question, but with all the tornados going around the
United States of America, I though, is there some kind of a warning
signal for us?
MR. POST: Absolutely. The weather radio has a tone alert that
will wake you up in the middle of the night so that you will know if a
warning's in effect, and you can go into the lower floor bathroom or an
enclosed room with no windows and take up --
COMMISSIONER FIALA: If you have a weather radio.
COMMISSIONER COLETTA: Could you tell the public about
how --
CHAIRMAN HENNING: Let's get up to the mike, if you don't
mind.
MR. POST: Oh, sure. No problem.
COMMISSIONER COLETTA: Would you be so kind as to tell
us -- to tell the public out there how they can get involved as storm
watchers?
MR. POST: Absolutely. The Weather Service has a series of
courses for sky-warn spotters. It's called Project Sky Warn. And
there's a basic course that we offer here in Naples for anybody who
wants to volunteer, and it's announced on our website, which is
weather.gov, G-O-V, slash Miami, and it's right on the front page at
the bottom. And then there's even an advanced weather spotter course
that is also offered.
And once you get that, you get a number that identifies you as a
storm spotter, and you also get a 1-800 number or the ability to
contact our office through the hand radio volunteers.
So all of this works as a program to enhance preparedness for
tornados.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. Just to help answer
Page 12
May 27, 2008
Commissioner Fiala's question. All citizens ought to have a weather
alert radio in their home.
MR. POST: Absolutely.
COMMISSIONER HALAS: And you can purchase them locally
at Radio Shack or any other place, and that gives you a warning,
audible warning, in the middle of the night that will wake you up, and
it will also tell you the areas of concern in Collier County or around
the surrounding counties. So it's something that everyone should
have. They're battery powered and they're also capable of being
plugged into an AC outlet, so it's got battery backup in case you lose
power.
CHAIRMAN HENNING: Right.
MR. POST: Absolutely. It's also the fastest way to get the
information on hurricanes.
COMMISSIONER HALAS: Yes.
MR. POST: All of the advisories, plus our hurricane local
statements are broadcast on there immediately, so --
CHAIRMAN HENNING: Great.
MR. POST: -- it's a great idea.
CHAIRMAN HENNING: Thank you.
MR. POST: Uh-huh.
Item #5C
PRESENT A TION ON THE NAPLES JAIL IMPROVEMENT
PROJECT BY VANDERBILT BAY CONSTRUCTION, INC.-
PRESENTED
MR. MUDD: Commissioner, that brings us to our next
presentation, and that's about the Naples jail improvement project, and
the presentation will be by Vanderbilt Bay Construction, Inc. And
Damon Gonzalez will do the intro.
Page 13
May 27, 2008
MR. GONZALEZ: For the record, my name is Damon
Gonzalez, Facilities Manager, Department of Facilities Management.
Commissioners, this presentation will be very short for security
reasons and due to the type of facility. And with that, I'll turn it over
to the project manager, Matt Maury, from Vanderbilt Construction.
MR. MAURY: Good morning, Commissioners, ladies and
gentlemen. On behalf of Vanderbilt Bay Construction, it's my
pleasure to present the following progress report for the Collier
County Jail improvements project.
Please allow me in the next few minutes to provide a brief
description of the scope of work being performed and the current
status of this unique technically challenging project.
The project located at the Collier County facilities encompass six
individual cell blocks, along with several associated corridors and a
jail administration area.
The scope consists of both interior and exterior improvements.
Interior renovations include the removal and replacement of
deteriorated under-slab plumbing, painting, and the application of
Tnemec epoxy floor system.
The exterior renovations include the removal of existing stucco to
be replaced with a superior Dryvit system in conjunction with the
replacement of 647 stainless steel high-security windows.
The Dryvit system selected to replace the existing stucco is a
commercial grade Outsulation System, offers a highly energy efficient
light-weight cladding system.
Subsequently, the stainless steel Hope manufactured windows
were selected due to their superior quality and durability.
A predetermined 12-month construction schedule allowed for a
maximum two-month turnaround duration per cell block. This
extremely tight schedule required highly tuned coordination and an
immediate response no matter what the difficulties or scope of work
were encountered.
Page 14
May 27, 2008
The required corridor work proved to be a challenge in itself. At
several -- five separate locations and times, two main corridors which
served as main artilleries -- arteries for the inmate population were
required to be shut down to accommodate the plumbing replacement.
All corridor work was performed in conjunction with an adjacent cell
block and turned over within less than two weeks per location. This
was to provide any -- to prevent any inconvenience to the jail staff.
With this being said, VBC mobilized the site on Monday July 25,
2007, and immediate (sic) commenced renovation on cell block five.
As of today, May 27th, almost 10 months to the date since
commencement, VBC has completed five out of six cell blocks. I am
pleased to say we are currently on schedule and on track. And as with
any remodel, the element of surprise involved, VBC has managed to
date; therefore, we see no reason at this time the occupancy cannot be
granted on the date agreed.
Thank you for allowing me to present the current status of the
project.
CHAIRMAN HENNING: Questions? Commissioner Halas?
COMMISSIONER HALAS: I guess what you're saying is you're
almost 90 percent done?
MR. MAURY: Yep.
COMMISSIONER HALAS: Thank you.
CHAIRMAN HENNING: Any other questions? Thank you.
MR. MAURY: Tl1ank you.
Item #5D
DISTINGUISHED BUDGET PRESENT A TION AWARD FOR THE
CURRENT FISCAL YEAR (21 ST) FROM THE GOVERNMENT
FINANCE OFFICERS ASSOCIATION (GFOA) PRESENTED TO
THE OFFICE OF MANAGEMENT AND BUDGET; ACCEPTED
BY JOHN YONKOSKY, DIRECTOR, OFFICE OF
Page 15
May 27, 2008
MANAGEMENT AND BUDGET - PRESENTED
MR. MUDD: Commissioner, that brings us to our last
presentation, and that's to a -- that is for a Distinguished Budget
Presentation Award for the current fiscal year, which is 21st award
from the Government Finance Officers Association, the GFOA,
presented to the office of management and budget.
To be accepted by John Yonkosky, Director of Office and
Management and Budget. And I see Mike Smykowski couldn't make
it. Okay.
CHAIRMAN HENNING: Great. I have something here for you.
It's the award.
MR. YONKOSKY: Thank you.
CHAIRMAN HENNING: No. Thank you.
You going to tell us what a wonderful job you're doing?
MR. YONKOSKY: I would like just to say something briefly,
but not about that, Commissioner.
Good morning, Commissioners. My name is John Yonkosky.
The Distinguished Budget Award that you just presented to your
budget office is for Collier County Florida's fiscal year 2008 budget
adopted by you on September 20,2007.
This award-winning budget was developed under the skillful
guidance and direction of Mr. Mike Smykowski who can't be here this
morning but would like to be here. Mike was one of the most talented
and professional budget directors that Collier County has had in its 85
years of existence.
On Mike's behalf and on behalf of the entire budget office staff,
thank you for this recognition. Thank you very much.
(Applause)
CHAIRMAN HENNING: The budgeting tracking system is
great. It works out welL What's the name of it?
MR. MUDD: Gov Max.
Page 16
May 27,2008
CHAIRMAN HENNING: Gov Max. Works out well.
What's next item?
Item #6A
PUBLIC PETITION REQUEST BY DONALD SCOTT TO
DISCUSS SHORT TERM USE OF OFFICE SPACE TO STORE
FURNITURE FOR VOLUNTEER COLLIER - MOTION TO
BRING BACK - NO MAJORITY VOTE - NO ACTION
MR. MUDD: Commissioner, we go to public petitions. The first
public petition is a request by Donald Scott to discuss short-term use
of office space to store furniture for Volunteer Collier.
MR. SCOTT: Mr. Chairman, Commissioners, good morning.
My name is Donald Scott. I'm a resident of Naples, and I'm president
of Volunteer Collier.
Parenthetically, somehow that request got misconstrued. It's--
and I'll tell you about it in just a minute.
I have two of my board members with me this morning, Sharon
Downing and Ray Cadwallader, back here.
Volunteer Collier has been created to recruit mobilized
volunteers for the benefit of all non-profit agencies in Collier County.
For many years there's been a major gap between all of the non-profits
who are pleading for volunteers and the potential volunteers,
thousands of them, in fact, who want to volunteer but don't know how
to go about it and don't know with which agency to associate
themselves.
Because religious organizations have a mandate to feed the poor,
house the homeless, clothe those without, the sick, and those in prison.
Over a year ago we contacted seven of the largest congregations in the
county: St. John the Evangelist, North Naples United Methodist,
Naples United Church of Christ, Moorings Presbyterian, Emmanuel
Page 17
May 27, 2008
Lutheran, Temple Shalom, and Trinity by the Cove Episcopal Church.
Since then, St. Monica's Episcopal has joined us and we are in
conversation with Vanderbilt Presbyterian and the Church of Jesus
Christ of Latter Day Saints, and we have introductions to First
Presbyterian and First Methodist in Naples.
The original seven agreed that there was a need to provide an
easy way for their people to determine with which charity or
non-profit they should be volunteering and a way to get involved.
They also believe that it's important to establish a pool or reserve of
trained volunteers.
A year ago we began the process. First we affiliated with Point
of Light Foundation, hands-on network in Washington, Volunteerism
Florida, the governor's program on volunteerism, and the Florida
Association of Volunteer Centers, of which there are about 18.
Secondly, we completed a needs assessment, a business plan,
incorporated as Volunteer Collier, and established a web domain.
This year we held our first official board meeting, formed our board of
directors, voted on the required items, and received our designation as
a tax-free 501 C-3 organization.
During this period, we received outstanding cooperation and
support from the Community Foundation and its director, Mary
George; United Way and its director, Ernie Bretzmann; RSVP and its
director, Sharon Downing; and the Greater Naples Chamber of
Commerce and its director, Mike Reagan.
Our purpose and intent is not only to provide an easy way for all
the citizens of Collier County to become volunteers either directly or
in a pool of trained persons ready to fill in when needed, but also to
promote the personnel, material, and financial needs of those agencies
to the public.
To that end, we are beginning this month to solicit volunteers for
the Collier County Bureau of Emergency Services so that they may be
trained this summer to act in the event of a disaster.
Page 18
May 27, 2008
In addition, we intend to make our services available to the
county for human services and environmental matters when required.
As we continue on this road to increase volunteerism for the
benefit of the citizens of the county, we are here today to ask for your
help. We are asking the county to donate approximately 1,400 square
feet of office space with the associated furniture for a period of one
year. This should enable us to get up and running and allow us time to
apply for sufficient grants from United Way, The League Club, and
others such as the federal government, to begin receiving these monies
next year at this time.
Are there any questions?
CHAIRMAN HENNING: Questions? Commissioner Coletta?
COMMISSIONER COLETTA: Yes. So basically what you're
looking for is to be able to put together a voluntary organization to be
able to control volunteers and you're looking for some help from
Collier County Government to be able to use office space and
furniture for a one-year period, just to summarize what you said; is
that correct?
MR. SCOTT: That's correct.
COMMISSIONER COLETTA: And the volunteers are going to
be able to serve at all levels and capacities within the county?
MR. SCOTT: Yes.
COMMISSIONER COLETTA: I guess my question would be to
the County Manager, is this a doable thing, sir? I mean, we have a
tremendous public benefit that could come from this. Is there some
way within the frameworks that exist within our regulations that we
could permit such a thing to take place?
MR. MUDD: First of all, I've got to find a space, okay. And
Commissioner, you have some things that are moving around. You've
got a -- most of the library stuff moving into the new building at
Golden Gate City out of the old library. There might be some space
there. You've got space in community development right now
Page 19
May 27, 2008
because of the hiring freeze and it's 70-some-odd employees that they
don't have.
I would -- I would say that it's doable in that particular respect.
It's not necessarily -- there is no precedent, I don't believe, at least
since I've been the County Manager, that's basically going to happen.
And the liability piece, I'm going to ask the County Attorney to
discuss that particular issue.
MR. KLATZKOW: Well, I'm concerned about the liability
piece. I'm mostly concerned about whether or not this will be a
secular rather than religious-based volunteer organization. I just don't
have enough in front of me.
COMMISSIONER COLETTA: Well, the--
CHAIRMAN HENNING: Go ahead.
COMMISSIONER COLETTA: Okay. Would this -- this might
be an item we would need to be bring back to find out what all the
ramifications would be? In that case, I'd be supportive of bringing it
back to get a full report from the County Attorney and possibly the
County Manager as to resources that would be available.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I have some concerns. Who's going
to pay for the lights and power and phones?
MR. SCOTT: We could work that out with the County Manager.
COMMISSIONER HALAS: Okay. Because I think that in order
to be fair -- and, again, I think the County Attorney brought up some
very good points here in regards to, you know, where does this lead us
to.
And in the past, as you know and you brought out this morning in
your presentation, that we don't get really involved in issues whereby
people come to us always looking for taxpayers' money. And we feel
that this community is such that a lot of the issues that confront us on
a daily basis can be taken care of by charitable organizations.
So I guess we just have to look at the big picture here and figure
Page 20
May 27,2008
out where this is leading us. I really appreciate your presentation
today.
MR. SCOTT: Thank you, Commissioner. It is a charitable
organization. And the only function that we serve and -- I mean, for
instance, take the situation you just had with the award to the weather
people. They list on their website needs, you know. Naples Daily
News lists people who, volunteer match, with where you're associated,
lists them, but there's no proactive activity in this county to promote
the needs of the non-profits to the county, and that's what basically is
the other half of the equation. We're going to solicit volunteers. We
can get them more easily from the churches because they've got
captive groups, but we really want to promote the needs of the
non-profit agencies and the county to the citizens of --
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I got -- last follow-up question.
The amount of churches that we have in this community, do they have
the ability to maybe offer you a space for such this -- for such an
endeavor as you have right now?
MR. SCOTT: We're going to explore that.
COMMISSIONER HALAS: I think that would be a good place
also.
MR. SCOTT: I thought since we're going to be involved with
volunteering -- asking for volunteers for the benefit of Collier County,
that the county might have space someplace to give us for a year till
we get started and get up and running.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I'm willing to bring it back as
well, and you've made some good suggestions about where we could
temporarily house them. We plan on getting back on our feet in the
next year or two and getting our staff back again. Right now we're
very low on staff, and so we have space. But we don't want to -- you
know, once we settle you in, when we need the space back again, you
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May 27, 2008
know, I'm hoping that you'll have a place already identified that you
can move to. But I'm willing to bring this back for discussion.
CHAIRMAN HENNING: Sir, you want to promote the needs of
the non-profits. And they don't do that now?
MR. SCOTT: They list -- well, some of them who are the more
mature ones, either via the newspaper or brochures list their volunteer
needs. But that may be -- for instance, let's say, the Boys and Girls
Club or the Shelter for Abused Women, some of the more mature
agencies. I'm glad to see Vann Ellison here this morning. They've
been helpful in -- to us and they have lots of needs.
But a lot of them don't know how to go about making their needs
known, and that's what our job is going to be. We're going to take
these non-profits out to all the churches and various social action
organizations in the county and do just that.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. And would you be also
willing, aside from non-profits such as the ones you've just mentioned,
also will your volunteers maybe be volunteers in libraries where we
could use them, or parks or different areas around the county that also
might be helpful that aren't actually one of the not-for-profit social
service agencies, and yet at this time our workforce is down so much
that we'll need some volunteers also. Maybe it could be a cooperative
effort, probably even the school system and things.
MR. SCOTT: Yes.
CHAIRMAN HENNING: How long you been a not-for-profit?
MR. SCOTT: Three months.
CHAIRMAN HENNING: Oh.
MR. SCOTT: We got it in three-and-a-halfweeks.
CHAIRMAN HENNING: I see.
County Manager, I just want to tell you that the Golden Gate
Library has impact fees accredited to it, the old facility. So you're
going to -- if you want to use that for something else, you've got to
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May 27, 2008
figure out how you're going to pay -- reimburse the impact fees. And
then community development, that's a fee-based service. So, again,
you're going to have to figure out where you're going to get the money
for space in there.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And all that's one of the
reasons why we need to bring it back because there's a lot of unknown
questions. The -- one of the reasons why I'm supportive of it, we're in
unusual times right now. There's a tremendous demand for all sorts of
social service agencies, what they can provide, food, clothing, shelter,
counseling, and they're lacking volunteers to keep it going forward.
And during these unusual times, especially when the county's
down in their workforce and we have empty offices available, I think
it's worthy of our consideration. I don't even have all the answers at
this point in time, but I'd really love to have it come back again.
CHAIRMAN HENNING: Is that a motion?
COMMISSIONER COLETTA: That's a motion.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Is there a second to the motion?
There's a motion and a second.
Any further discussion?
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye. We have a tie, so it doesn't go
anywhere at this point. Okay. Thank you.
MR. SCOTT: Thank you.
Item #6B
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May 27, 2008
PUBLIC PETITION REQUEST BY V ANN ELLISON TO DISCUSS
THE IMP ACT FEE DEFERRAL FOR THE WOLFE
APARTMENTS - MOTION TO BRING BACK ALL OPTIONS -
APPROVED
MR. MUDD: Commissioner, our next item is a public petition
request by Vann Ellison to discuss impact fee deferral for Wolfe
Apartments.
MR. ELLISON: Mr. Chairman --
CHAIRMAN HENNING: Good morning.
MR. ELLISON: -- Commissioners, good to be with you this
morning. Thank you for a few moments of your time.
We would like to request, on behalf of St. Matthew's House, as
we operate Wolfe Apartments and have successfully done so for the
past five years, that the county would work with us to resolve a
situation involving our impact fees.
Wolfe Apartments was established as a transitional housing
opportunity for individuals who are homeless to be transitioned into
the community in a way where they could be productive and make a
difference in their community. What we've found at Wolfe
Apartments is at this time we're 100 percent full.
In the last fiscal year, we had seven of our residents move out
into home ownership, which is exciting to have individuals come to us
who are homeless, and after transitioning through Wolfe Apartments
-- we're working to resolve homelessness, not to house, but to see lives
transformed and to see them changed.
Wolfe Apartments is an integral part of that. The county
commission originally gave us a five-year impact fee waiver or a
deferral. And what we're asking at this time, because of the difficult
economic times and because of all the situations that St. Matthew's
House is facing -- this last fiscal year, for instance, the amount of
individuals requesting food for (sic) us has more than doubled. Our
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May 27, 2008
occupancy rate at our shelters is above full every day, and it's
becoming increasingly difficult to meet all the needs of the county in
the manner in which we're doing.
And so we've asked the county commission to use fee -- funds
that have been set aside in the voluntary fund that have been set up to
pay impact fees from our builders to help pay those impact fees for the
Wolfe Apartments.
We've had several discussions with individuals, and this is a
viable project. HUD has been involved in it. The community has
raised more than $4 million to build these apartments, help fund the
operation, and to establish a way that lives can be transformed.
It's in Commissioner Henning's district, Wolfe Apartments are.
Most of the residents have come out of District 1 and really seen their
lives transformed through this valuable project.
And we're requesting at this time that the commission would use
voluntary funds that have been set aside in an original fund created by
Commissioner Coletta and others, that those funds would be used to
pay the impact fees.
At this time that's our request before the commission, and we're
asking for assistance in this matter.
CHAIRMAN HENNING: Questions? Commissioner Coletta,
Commissioner Halas.
COMMISSIONER COLETTA: Yes, thank you. We've been
down this road a couple of times. And I want you to know I'm very
supportive of what you're trying to do.
And I guess my question would be is -- these funds -- I know that
St. Matthew's House is extremely strapped for funds at this point in
time, and this is something the commission has granted you in the
past, and of course, you're here because the time has run -- ran out
actually. It was -- when was the due date?
MR. ELLISON: It's in June.
COMMISSIONER COLETTA: June. Well, it's just about ready
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May 27, 2008
to come. Do you have the funds available to be able to pay those
impact fees?
MR. ELLISON: We've raised $105,000 toward payment of those
impact fees. The total amount owed is roughly 178,000. Since
meeting with the commission several months back, we've endeavored
to raise the funds to pay them. And at this point we've raised 105,000
of that.
COMMISSIONER COLETTA: Okay. And the Wolfe (sic)
Apartments, are they financially stable as an entity in themselves?
MR. ELLISON: They are. They're stable at this point. They're
-- it's a very tight budget. It's working at a zero profit margin really.
It's a -- we're doing 60 percent of the adjusted value of the apartments
compared to a free market rent. So it's a -- still, it's a structured
housing arrangement, and so there's case management, there's some
additional expenses as Wolfe Apartments would operate as opposed to
a regular housing complex.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. I believe that when you came
before the Board of County Commissioners before, I asked you what
you had in escrow, and at that time you told me you didn't have
anything in escrow. And I told you then that you needed to go out
there and get it.
Understand the economic times that we're in. But when times
were good, you didn't make a real effort to try to accomplish the task
of paying back the impact fees, and now you're here asking us to come
up with additional impact fees to pay it out of another -- another box
of money.
I'm concerned that what you're trying to do here is not stand up to
what you're supposed to pay. And you got 105,000. I think that if you
went out there and solicited heavier, that you'd probably make up the
178,000 that you're short. That's my feeling, okay?
CHAIRMAN HENNING: Mr. Klatzkow, I have a question.
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May 27, 2008
MR. KLATZKOW: Yes, sir.
CHAIRMAN HENNING: Let's say the board does not grant the
request, what would happen in June since the -- we have an
agreement?
MR. KLATZKOW: There is a series of permits that were filed
from June, I think, through August -- and Amy has the dates. Impact
fees are -- would be six years after each and every one of those
permits.
So the answer's really, through August, there was a staggered
number of permits. It eventually adds up to the $178,000. At that
time I believe it's an almost lien on the property. At that time they'd
be in default, and sooner or later I would come back to the board and
ask whether or not you wanted us to collect on that.
CHAIRMAN HENNING: Collect on them through the legal
manners?
MR. KLATZKOW: Through the legal manners, yes.
CHAIRMAN HENNING: I see. Commissioner Fiala?
COMMISSIONER FIALA: Yes. Is there ever a way for
compromise, such as, they've raised 105,000 now, they could put that
down on this, and then they still owe 73,000. Could we give them a
year to make up the other 73,000?
MR. KLATZKOW: If you're asking me, ma'am, the answer's
yes; that would be a board decision. I would tell you your current
policy is 10 years on the deferrals. At the time it was six years. So
that you could give him, to bring it up to what everybody has now, a
four-year extension on the remainder.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: I think that would be an
excellent suggestion. You know, I'm a little troubled by the fact that
we're in such difficult times for so many of our residents that we're so
concerned about a small pool of money for impact fees when we have
a non-profit that's doing so much good for our local residents out there
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May 27, 2008
swinging to make it all come together.
I would, myself, like to see us extend it for four more years to be
able to bring them on par with what already exists with our current
ordinances. That's my own personal feeling.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I understand where you're coming
from, Commissioner Coletta, but this gentleman really hasn't made a
real effort. He says he has 105,000 in escrow, but I don't think they've
really made an effort.
And I believe if we open up this gate, that we may have
additional people coming forward. And I think that we have to --
maybe with the idea that Commissioner Fiala had is, that we tell him
to take the 105,000 and put that towards a down payment and we give
him an optional one year to come up with the additional money. I
would go along with that.
This gentleman's made a commitment to the board at one time. I
believe this is about the second time that he's come before this board.
And even in good times, there hasn't been a real effort. So I think that
right now, if we took the 105,000 and then give him an additional one
year, that we can -- and then we'll address it again for the remainder.
CHAIRMAN HENNING: Mr. Ellison, there was an article in the
Naples Daily News about using this fund. It's in the board's request
for -- these units be -- remain for legal citizens. Is that a problem with
St. Matthew's House?
MR. ELLISON: St. Matthew's House Wolfe Apartments
operates under landlord/tenant laws, which require us to verify
citizenship or verify identification. And all of our apartments are
rented out to legal citizens or legal residents. We do have individuals
who might be originally from a foreign country, but they're legal
residents.
CHAIRMAN HENNING: Sure.
MR. ELLISON: But under landlord/tenant law, we're required to
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May 27, 2008
do that, and we always abide by the laws as they're -- our board has
adopted resolutions that we will abide by all laws, federal, state, and
local under all circumstances in regard to illegal aliens.
CHAIRMAN HENNING: So it's not an issue?
MR. ELLISON: It's not an issue for us.
CHAIRMAN HENNING: It was -- the article wasn't true.
You know, Wolfe Apartments has been wonderful out in Golden
Gate. No problems. St. Matthew's House does provide a great
service. You do have these donations. I think you've got $3 million in
that pot now, of those volunteer donations?
MS. PATTERSON: Hello. Amy Patterson, impact fee manager,
for the record.
There are almost $8 million in commitments for the -- for the
contribution; however, there's approximately $150,000 that's been
collected to date.
CHAIRMAN HENNING: Hundred and fifty thousand. So that's
what you have in there now.
MS. PATTERSON: Right.
CHAIRMAN HENNING: You know, I'm -- I think St.
Matthew's job did a -- St. Matthew's House did a wonderful job of
trying to collect the monies, $150,000. And if we can assist them so
they can continue to do the good job, that's really, I think, what those
affordable housing donation funds was for.
Commissioner Coletta?
COMMISSIONER COLETTA: If you're suggesting,
Commissioner Henning, that we take that $150,000 in that fund and
apply it towards the impact fees, I could support you on that.
MR. KLATZKOW: Sir, I'd just say that you have no policy as to
the use of those funds, and I don't know if -- what the clerk's position
would be without such a policy.
CHAIRMAN HENNING: Okay. Well, it still needs to come
back. My suggestion, Commissioner Coletta, is St. Matthew's House
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May 27,2008
has 105,000. The total is 178,000. Use the remainder due, use those
affordable housing donations. That's my suggestion.
COMMISSIONER COLETTA: I think it's worthy of
consideration along with the idea of maybe spending the whole 150-
to try to buy down their debt.
Right now, if I may -- may I--
CHAIRMAN HENNING: I don't understand what you're
meaning by 150- to pay down their debt.
COMMISSIONER COLETTA: Well, I'm sorry. We were just
told we have 150- in that particular fund.
CHAIRMAN HENNING: We're saying the same thing. You
and I are saying the same thing.
COMMISSIONER COLETTA: But I would be more inclined to
use the total 150-. St. Matthew's House serves a great purpose. I
know that they're financially restraints (sic) right now. They don't
have enough money to be able to buy the food that they need. They're
going from day to day. Their fundraising efforts -- I mean, this is a
separate fundraising thing.
And I want to make sure everybody understands. I know St.
Matthew's House, and they've been -- their first priority's never going
to be the impact fees. It's going to be to care for those people that
need the help, and they've been making every effort to try to cover the
gaps that no one else can cover out there.
And on top on of that -- and this -- good times haven't been for
the last year. We've been in these type of bad times now for a year
and a half, and that's within the framework of time that you came
before us. I want to make sure that everybody out there understands
that St. Matthew's House out there is not the villain; they're the victim
and that they're trying to do everything they possibly can to make this
process work.
And I would be very, very much appreciative if we could bring
this back and look at all the different options at that point in time of
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May 27, 2008
what we could do with that $150,000 to be able to make it serve the
public at the very best that it possibly could.
CHAIRMAN HENNING: Is that a motion?
COMMISSIONER COLETTA: Yeah. I think -- that's a motion,
yeah, but I want to leave all options open that we can consider when it
comes back, rather than narrow it down just to one or two at this time
and so you can hear everything that's available.
CHAIRMAN HENNING: And I'll second that motion.
Is there any discussion on the motion?
COMMISSIONER FIALA: Yes. So you're talking about
bringing it back and then discussing these things?
CHAIRMAN HENNING: Yeah, give us like three options.
Okay. All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously. Thank
you.
MR. ELLISON: Thank you.
Item #6C
PUBLIC PETITION REQUEST BY RICHARD WILLIAMS TO
DISCUSS THE V ANDERBIL T BEACH ROAD EXTENSION
PROJECT AT 740 29TH STREET NW - DISCUSSED
MR. MUDD: Commissioner, that brings us to 6C, which is a
public petition request by Richard Williams to discuss the Vanderbilt
Beach Road extension project at 740 29th Street Northwest.
Page 3 1
May 27,2008
MR. WILLIAMS: Good morning, Commissioners. My name is
Richard Williams. My wife and I own property at 740 29th Street
Northwest.
This is probably one of the hardest things I've ever come up with,
being that you've -- this new road, Vanderbilt Beach Road extension is
going through. There's been several proposals, several meetings, that
you actually were not going to touch any of my property whatsoever.
Then it came down to 50 feet of my property. Then when they came
up with another road plan, that was actually going to take 75 feet of
my property, all the way down to 660 feet, which was no problem, I
understand, six -lane highway has to go through.
But in the last meeting, now the canal is being diverted and you
want to take over half of my property for this canal system. The way
the bridge was first designed, it was going to be at the very end of
29th Street Northwest. Now it's moved in order to make an
intersection for Old Florida Golf Course (sic). In doing so, we're
taking over half of my property to move the canal over, which is going
to be a very hardship to me, my property, because I own
approximately five acres in that one spot.
The way they have this drawn out is that they would cut down all
the trees that I have tried to save over the years. The side of my
house, I would be up to only seven feet, seven to 10 feet on the side.
County would own the rest up to the canal. At that point that's not
leaving me any option to build onto my house, enlarge my home, and
it's a very hardship.
So I would like you to consider taking my full property. You are
taking 169 feet of a 319- feet property that I own now, leaving me with
only 150. This would leave only seven feet on the north side of my
home. When I built my garage on the south side, I had to leave 30
feet for an easement, and now I'm not even going to be left with that if
this road goes through.
I first purchased my home in '86, 1986, and the north side of the
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May 27,2008
property in 1985 -- '95. I joined both of the properties in '06 for tax
reasons just so it would all be under one homestead, because every
year the taxes were going up more and more, and I knew that I was
not going to sell that property. It was to be preserved.
So my property has been certified as a wildlife habitat by the
National Wildlife Federation. I now have a family of fox, raccoons,
deer, other numerous species of wild birds, and it has been my way of
life in Golden Gate for 22 years.
This Vanderbilt Beach Road extension project will be a disaster
to us and all the wild animals that rely on my property. The land will
be stripped of all its trees. I would rather you take all of my property
or none at all at this point.
As far as making us whole again, it would be almost impossible
at this stage in my life. Our home has been made into a very efficient,
energy-efficient home, hurricane-proof residence. I do not want to
give it up just for an intersection for Golf Club of Everglades. It's
totally ridiculous.
The impact from the construction alone would cause my well to
collapse, my walls and foundation to crack, or maybe destroyed. Our
septic system is in the rear of the home. It would be very hard for the
septic service to even service my well -- my septic system in the back
of the property with no room on that north side.
In addition, I have no room to expand our home. The whole road
project has been just devastating to my way oflife, and I stand here
today before you to petition a full taking of my property.
And I have some pictures just to show how things are actually
looking. This one here is actually the way my property -- you'll see,
it's actually divided into two with an imaginary line. You'll see 165
where the canal comes through.
Now all that property right there and my home is all one piece of
property. The county has their imaginary line like it's two pieces of
property. It is actually one. And if they do take this, this is going to
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May 27,2008
leave me with only seven to 10 feet at the most on the very side of my
house.
I have a better picture here. This might be a little bit -- a little bit
closer to you. My home now is right here, and all of this property
here is mine.
This is all -- the way this first road was designed, this intersection
was not even in the plans. It was actually going to be a merge where
the pump house is. There's only seven homes back in the back, and
there's no way that you'd be putting a big intersection for seven
homes. This is an intersection for Old Everglades Golf Course.
And in order to do that, that's why the canal is being relocated
and taking my property because the first -- when they started, the BC
plan or the BB plan, it was going straight through. They had no
option. They were not even thinking about moving this canal until
somebody, all of a sudden, decided, well, let's make an intersection
here.
And really, right now, I don't think county taxpayers should be
paying for my property. I think if anybody's going to pay for my
property, it's going to be Old Florida (sic) -- or Old Everglades Golf
Course, because that's who this intersection is for, not anybody else.
So that's pretty much what I have. This is one of the hardest
things I've ever had to do is ask somebody to take my home. I've been
here 22 years in this home. I have made Collier County my life, and
to actually ask you to take my home is just very hard for me to do.
The problem now -- you've already taken one home at the very
end of our street. Since then it has become a mecca for four-wheelers,
mini-bikes. Every day I have to hear what's going on there. It's just
ridiculous. Every day when I go home, there's kids down there
playing. There's been a camp site down there.
By the time I've called the police, it takes them about 20 minutes
for them to get out there, they're already gone. This goes back and
forth.
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May 27, 2008
And if you take this property from me without taking a full take
of my property, I will not have any control up to the canal, like most
people do in the Estates. They own up to the canal.
So this is going to happen right beside my bedroom and living
room window. It's -- without anybody putting a fence up or anything
to keep people out. It's going to just destroy my whole way of life.
So with that said, it's just one of those things that I'm going to
have to give up my home in order to make this whole again. I really
don't know how else to put it. So if you have any questions, that's
pretty much what I've got to say.
CHAIRMAN HENNING: Okay, great. Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. Would you put that picture
back up? Now, you keep talking about right outside your bedroom
window and --
MR. WILLIAMS: Yes.
COMMISSIONER FIALA: -- seven feet. I don't see what's
seven feet, so I'm trying to --
MR. WILLIAMS: Okay. Right here.
COMMISSIONER FIALA: Yeah, but there's a whole bunch of
land before the canal.
MR. WILLIAMS: Yeah, but this is all my property, and here in
the green is what they want to take, and that property line goes -- that's
part of my five acres. They're splitting my five acres in half, and up to
my house, all the way up. This is the end of my house right here.
COMMISSIONER FIALA: So in other words they're not
building anything seven feet from your house and they're not building
a canal there and they're not building a road there and they're not
building an intersection?
MR. WILLIAMS : Well, they are putting the canal there, and
they're going to take out that whole lot of trees to put the canal there;
yes, they are. They are -- actually want to take -- that all in green
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May 27, 2008
there, that's over half of my property.
COMMISSIONER FIALA: And they're going to take all the
trees out of all that green, you're saying?
MR. WILLIAMS: Yes, they are, because they're going to run a
canal through there --
COMMISSIONER FIALA: Well, yeah.
MR. WILLIAMS: -- and they want to access this.
COMMISSIONER FIALA: You know, people pay a bunch of
money to live on a canal.
MR. WILLIAMS: Oh, yes.
COMMISSIONER FIALA: Right. And so I better ask, are you
taking all the trees out after the canal between -- he's saying seven feet
from his property, and I'm having problems with this picture.
MR. WILLIAMS: Well, this is all my property.
COMMISSIONER FIALA: Well, you said seven feet from your
window.
MR. WILLIAMS: Well, that's how they want to split it up, yes.
I'd rather for you to take it all than leave me with only seven feet.
MR. AHMAD: Good morning, Mr. Chairman. Jay Ahmad, for
the record. I'm your Director of Transportation Engineering.
What I got on the visualizer is a more up-to-date plan, essentially
the same plan that Mr. Williams showed you.
And in may, Mr. Williams owns this five-acre parcel that you
see here. Vanderbilt Beach Road, six-laning goes outside Mr.
Williams' property. Indeed, the canal is being relocated within his
property.
The taking line that we are proposing is actually -- is this line,
and it is approximately 84 feet from Mr. Williams' property. We are
not taking that line that Mr. Williams showed which divides the
property within seven feet. That is --
MR. WILLIAMS: That's your drawing.
CHAIRMAN HENNING: Okay.
Page 36
May 27,2008
MR. WILLIAMS: That's not my drawing. That's yours. That's
what I have to go on.
CHAIRMAN HENNING: Right now we may have questions for
you.
MR. WILLIAMS: Okay.
CHAIRMAN HENNING: And I understand that you're done
with your presentation; is that true?
MR. WILLIAMS: Yes.
CHAIRMAN HENNING: Okay. Thank you.
MR. AHMAD: Mr. Williams will be, from the taking line, 83.45
feet. What he'll end up with -- and also there's about -- approximately
20 feet to the top of the canal slope and to the middle of the canal, so
essentially he's going to be over 100 feet to the center of the canal.
We are making a total of 1.5 acres from the -- from are the entire
parcel. This piece.
None of the roadway, again, none of the road will be within his
property. Vanderbilt Beach Road itself will be outside the property.
The edge of the travel way to the house will be approximately 240 feet
from Mr. Williams' property to the edge ofthe travel way.
Again, he will have a canal within -- on the side of his property,
as shown on this map. He will have one-and-a-half acres less, and we
don't recommend a full take of this property. This is a partial take.
COMMISSIONER FIALA: Well, let me then ask, from this
picture, he's saying that you're going to take all the trees out up to
seven feet from his bedroom window.
MR. AHMAD: That's not our proposal. We will not clear
anything outside the right-of-way.
COMMISSIONER FIALA: So he'll have 84 feet of trees yet?
MR. AHMAD: Minimum. It could be 20 feet more. There will
be on top of the canal -- within the taking line that we're taking, there
will be a maintenance road for the canal.
CHAIRMAN HENNING: Okay. Other questions? I --
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May 27, 2008
Commissioner?
COMMISSIONER COLETTA: Yes, thank you.
I can understand that we're going to do something to change the
view that's out there and the use of the property from originally what it
was intended to be, and the opinion, the -- part of this commission,
they've been pretty responsive to other people who come before us
under public petition.
My question is, is looking at this now, that -- the red line's not the
line that you're going to be purchasing to. You're going to be
purchasing to that other part of the five acres, that original piece that
he bought before he added that other two-and-a-half acres to it; is that
correct?
MR. AHMAD: What we will be taking is actually less than that
half line within that five-acre parcel. We're going to only take what is
required for the roadway and the canal.
COMMISSIONER COLETTA: I understand that. Could you put
the old -- the other map up? It's a little bit easier to view that.
Because I have a suggestion, and I don't know how practical it is.
And can we zoom into that a little bit, Mr. Mudd?
MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: I don't know what it is, but
whenever those things focus in and out, I start to get a little nauseous
and I've got to look away for a second.
COMMISSIONER FIALA: Are you a little dizzy?
COMMISSIONER COLETTA: I don't know if it's the subject
matter or the picture, but -- no, I'm not a little dizzy, thank you.
Just right out of the box, a little bit of different thinking that may
be able to compen -- accommodate everybody's needs that are there.
Now, I would be concerned, too, if the property I owned was seven
feet short of my property line. In other words, the property line he's
going to be left with, even though there is going to be some woods and
everything and what's going to be the county's property, he actually
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May 27, 2008
only has seven feet between himself and the property line; is that
correct?
MR. AHMAD: I'm not sure where the seven feet comes from. I
showed you 84 feet actually to the property line from the house.
COMMISSIONER COLETTA: Go to the black and white
below. Isn't that his house that we're talking about?
MR. AHMAD: Mr. Williams' house is this, and his garage is
here.
COMMISSIONER COLETTA: Okay. In the upper right there
of his property there from the house itself, there's another building.
What's that building, sir?
Mr. Williams?
MR. AHMAD: This is his house and this is his garage.
MR. WILLIAMS: Correct. This is the garage here. This is my
house. You can hardly see it --
COMMISSIONER COLETTA: I can see it under DE, and that's
the one that's only going to be -- it's going to be real close to the
property line? .
MR. WILLIAMS: Correct. If they take this whole property--
COMMISSIONER COLETTA: I understand.
MR. WILLIAMS: -- got their line, then this -- unless they're now
telling me something totally different, that they're only going to take
just what they need for the canal.
COMMISSIONER COLETTA: So in other words, what you're
saying, Jay, is that you're not going to be -- you're going to be taking a
-- not a straight line going across, but it's going to follow something
like the right-of-way line?
MR. AHMAD: Correct, sir. What we're going to be taking is
essentially the red line, is what was shown on this map, is modified of
that. We're refining that based on actual engineering maps. And it is
this line that is going to be taken, or --
COMMISSIONER COLETTA: Yeah. Now the right-of-way
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May 27, 2008
line, how much room do you need to actually be able to maintain -- do
the canal and to maintain it? You wouldn't need anywhere near that
amount of space, would you?
MR. AHMAD: Sir, in may put the other map on. This is the
canal. As you can see, it's in blue. The other blue line dashed is the
top of the slope for the canal. That canal will have slopes on either
side. And what -- from the top slope to the red line is -- the red line is
the taking line -- is what we need for maintenance. Approximately 10,
15 feet for a vehicle to travel alongside of the canal to maintain that --
COMMISSIONER COLETTA: One more time. From the edge
of the canal to where you need to maintain it, do you need the blue
line or the red line?
MR. AHMAD: The red line is the taking line. The blue line is
the top of the canal slope. It's the top of the canal.
COMMISSIONER COLETTA: Okay. So that changes the
dynamics considerably. Now, what is that dotted line that shows from
the house itself going up to the canal? I have no idea what that is. See
right there? Yes, that's it.
MR. AHMAD: That's the taking line.
COMMISSIONER COLETTA: No, no. Go back down to the
house. There's some sort of straight lines in there that are projected
out from the house. They've got a --
MR. AHMAD: Oh, this line here?
COMMISSIONER COLETTA: Two lines.
MR. AHMAD: That's just my dimensions of how -- from the
engineering drawing that we have, from this point to the taking line is
83.45 feet. It's a dimension line that -- just dimension, the distance
from the taking line to the house.
COMMISSIONER COLETTA: Okay. Now, do you have any
intentions to disturb any of the trees that are -- the owner's side of the
property line going back towards the house? Is there any intention to
disturb any of those trees for any reason?
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May 27,2008
MR. AHMAD: No, sir. From this line south, there will not be
any disturbance.
COMMISSIONER COLETTA: And the bank itself of the canal,
the red line going back towards the canal, are you going to do a
replanting in there?
MR. AHMAD: It's -- pretty much the canal and the top slope
will take all the trees, and the maintenance road is pretty much -- will
be cleared from that line to the roadway.
COMMISSIONER COLETTA: Okay. Now, it will be clear, in
other words, all the way from the red line to the road?
MR. AHMAD: Correct.
COMMISSIONER COLETTA: Why would that be?
MR. AHMAD: To build a canal and to build the roadway on the
south side of the canal or the maintenance path, if you will, for
vehicles to travel to maintain that canal.
COMMISSIONER COLETTA: After you're through building
the road and building the canal, do you have any intentions of planting
anything between the Vanderbilt Beach Road extension and the canal?
MR. AHMAD: Well, there will-- nothing at this time. We're at
the 60 percent design stage, but I don't believe we have any plans for
landscaping. Landscaping usually comes after our project, and they
would do the landscaping plans.
COMMISSIONER COLETTA: Mr. Williams, this is news to me
and news to you, too. May I suggest maybe you get together with
transportation, talk to them about what it is, then come back in to see
me.
MR. WILLIAMS: That would be fantastic.
COMMISSIONER COLETTA: Okay. Appreciate you being
here today and exercising your right of public petition.
MR. WILLIAMS: Thank you very much. I appreciate it.
CHAIRMAN HENNING: Mr. Ahmad, it seems like to me that
some people would look like, that you're enhancing the property. I
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May 27,2008
don't understand why we're acquiring property instead of trying to get
an easement, and that way he can enjoy that property and have a
maintenance easement across it. My only thought. I would like to see
the 60 percent design plans myself.
MR. AHMAD: They are due within about a month, sir.
CHAIRMAN HENNING: Okay.
MR. AHMAD: And I'd be happy to show it to him.
CHAIRMAN HENNING: Thank you. Any other questions?
Mr. Halas?
COMMISSIONER HALAS: Yes. I just want to know if Nick
has anything to add to this. I'm trying to sort out some, you know, I --
MR. CASALANGUIDA: No. For the record, Nick
Casalanguida. As part of our design, when we looked at relocating the
canal, we saved significant dollars by crossing the canal at less of an
angle than going off at a real skew. If you can imagine the
CON/SPAN Bridge, if we tried to cross that canal at a skew of, say, 20
degrees, the structure would have been, you know, 5, 6, 7 million
dollars.
The reason we relocated the canal was specifically so our
structure would shrink. And so the canal relocation costs versus the
cost of putting in a super structure was much less.
COMMISSIONER HALAS: Okay.
MR. CASALANGUIDA: I had no reason for a driveway to the
north. It was just to make our bridge smaller.
COMMISSIONER HALAS: I think one of our questions that
we're trying to get some clarification on, and that's kind of foggy for
me, in regards to the area that we have taken as an easement and then
the actual size of the canal along with the service road that's going to
be at the canal, it looks to me as though the end result is that it's not
going to impact the home as much as Mr. Williams thinks it is; is that
correct?
MR. CASALANGUIDA: That's exactly correct. I think the
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May 27, 2008
advice Mr. -- Commissioner Coletta pointed out to is to get with
transportation and we can refine that review of what the impact that he
perceives now to what it's actually going to be is much less.
COMMISSIONER HALAS: Okay. And it's my understanding
that you may not have to clear all those trees --
MR. CASALANGUIDA: Absolutely.
COMMISSIONER HALAS: -- at the canal; is that correct?
MR. CASALANGUIDA: That's correct.
COMMISSIONER HALAS: So there will be a buffer between
his house and the canal; is that correct?
MR. CASALANGUIDA: As Mr. Ahmad pointed out, up 80 feet
and, if not, more.
COMMISSIONER HALAS: Okay. Thank you very much.
CHAIRMAN HENNING: Thank you.
MR. WILLIAMS: Thank you.
CHAIRMAN HENNING: Next petition?
Item #6D
PUBLIC PETITION REQUEST BY BRIAN LACHANCE TO
DISCUSS THE ORDINANCE RELATING TO OCCUPATIONAL
LICENSING FEES - MOTION TO BRING ITEM TO THE CLB
FOR RECOMMENDATIONS AND TO A FUTURE BCC
MEETING - APPROVED; COUNTY MANAGER SUGGESTED
MR. LACHANCE PAY THE FEES UNDER PROTEST FOR
RECONSIDERATION OF REIMBURSEMENT FEES
MR. MUDD: Commissioner, our next public petition is a request
by Brian Lachance to discuss ordinance related to the occupational
licensing fees.
MR. LACHANCE: Good morning. This is in reference to
section FF licensing, reinstatement of delinquent licensing,
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May 27,2008
specifically specialty contractor.
Members of the Board of Collier County Commissioners, I lived
in Collier County for 13 years prior to moving away eight years ago.
When I did move away from the county in the year 2000, I had no
intention of moving back, as I had suffered a huge loss in my divorce.
At the time I held a competency card for cabinet installer license
in Collier County and the City of Naples. I let this license expire, as I
had no intentions of working here or for myself and be self-employed
once agam.
I had to seek employment elsewhere. I moved to Lee County. I
worked for a company, Contractor's Choice Supply, for four years,
and then I was -- when that job ended, I ended back up in -- working
in Collier County for Classy Kitchens, but they no longer had work to
keep me fully employed and -- which leads me to my experience at
getting my cabinet installer's license back so that I can continue to
work and live in Collier County.
When I contacted Maggie at the community development
licensing department, she explained to me that because my license had
expired for eight years, that I would have to take the business and law
exam once again. I spent the $195 to take the class, purchased the
required book and markers for $85, paid the county the $100 sponsor
fee, paid the $70 exam fee.
After I passed the test, I made the call up to the license office to
find out what still had to be done, and it was explained to me that I
had to fill out a new application, submit a credit report, et cetera, et
cetera, basically requiring me to do all the things for a new license.
Then the young lady on the other end of the phone explained to
me, along with the application, I had to pay $1,080 for an $85 license
for the last eight years that I did not have my license, which brings me
here.
If I were simply renewing my license, as the young lady
explained to me, then why did I have to take the business and law
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May 27,2008
exam and complete all the paperwork a person seeking his or her
license for the first time would have to do? It sure seems like a new
license to me going through all these steps.
I was told by Mr. Zachary, one of the County Attorneys, that I
was offered the opportunity to appeal this with the licensing board. I
replied when, before or after I spent the money, which was never
offered to me?
Delinquent is described in American Heritage Dictionary as:
Failing to do what law or duty requires. While studying for the
business and law exam, to my knowledge, did it ever mention that I
would be required to pay for this license for life in order to work in
Collier County? Because this is basically what you are asking us to
do, requiring that this license be kept inactive with the associated fees,
or we are going to penalize you for not keeping it inactive.
The only example I can think of is that if I moved back to
Massachusetts after 21 years, went to get my driver's license and they
said, welcome back, Mr. Lachance. You haven't lived here for 21
years, but you're going to pay for that license anyway, and you're
going to take the test over again.
Having a competency card is not a privilege, and neither is a
driver's license.
To renew, American Heritage Dictionary: The act of renewing
or the state of having renewed.
Had I only had to renew my license, as it had been explained to
me, then I should not have been required to follow all the guidelines
for a new license.
To expire, American Heritage Dictionary: To come to an end,
terminate. This is exactly what has happened to my prior license, for
the mere fact I have had to complete all the requirement of a new
license.
Now, I have lived and worked in Collier County or have been
trying to work -- and have been trying to work not under the radar, as
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May 27,2008
so many people do for -- and get caught. Then I would expect to get
punished, to have to pay the delinquent fees for not doing what I was
supposed to do in the beginning.
But by telling me that I have to pay the fees for not using a
license for eight years because I chose to move somewhere else and
then come back and tell me, no, you're going to pay for it anyway
because you want to work in Collier County.
My gut feeling is that this appears to me as the border tax. Years
ago the State of Florida attempted to pass a sales tax on vehicles
coming into the state. Same difference.
And at this time I'd like to thank you very much for your time.
CHAIRMAN HENNING: I have another parable for you. Let's
say if you get remarried --
MR. LACHANCE: Yes.
CHAIRMAN HENNING: -- and in between the time that you're
not married, you're charged a tax for not being married.
MR. LACHANCE: I pay that every month. Believe me, every
single month I pay that.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Have you gone before the
Contracting Licensing Board?
MR. LACHANCE: Was never offered the opportunity, sir.
COMMISSIONER HALAS: I think you'd have the opportunity
to do that, and I --
MR. LACHANCE: Was that before or after I paid all the fees
and spent my time here away from work?
COMMISSIONER HALAS: Well, I think what you need to do
is -- that's the direction you need to take this, sir.
MR. LACHANCE: I was told by Mr. Zachary, the County
Attorney, that I had to come before this board because this is the board
that required the fees and set the fees.
CHAIRMAN HENNING: Okay. Well, we need an explanation
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May 27,2008
of the ordinance. You know, there's always -- when government
makes laws, it usually has some ramifications. And if we're asked to
have a delinquency fee for somebody that moved out and then having
to redo it again, I think that we need change.
Mr. Ossorio?
MR. OSSORIO: Good morning, Mr. Chairman. For the record,
Mike Ossorio, Collier County Licensing Supervisor. It's a pleasure to
be here.
One of the things that the licensing board did many, many years
ago, and also last year we adopted the new fee schedule, is that we
found that a lot of out-of-state contractors -- I'm going to use a
paradox or I'm going to use an example -- is that taxpayers, we sign up
and take the exam, they take the exam, we spend time reviewing the
licensing, and what happens is they do one or two jobs in Collier and
then they move to Orlando, Florida, or whatever it might be, and we
send them notice to renew their license.
They get the notice. They say, well, we're not working in Collier
County this year. We'll apply -- we'll pay the fees next year or we'll
cancel and then we'll go in front of the board and we'll try and
reinstate the license, and that's typically what's been happening
through the State of Florida.
Unfortunately, I hear what he's saying about the fees, but our fees
are in no way above and beyond what most counties would do. If he
went to Miami-Dade, his license to get his reinstatement would be at
least $3,500.
So the licensing board has looked at this and said, well, these are
out-of-state contractors -- and I understand this gentleman's not an
out-of-state contractor, and that's something that maybe the licensing
board can look at and recommend having a finding of fact and bring it
back to the board.
But typically we try to encourage all contractors to renew their
license or put their license on a dormant status so that they can reapply
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May 27, 2008
if need be in a future state.
CHAIRMAN HENNING: I have a question.
MR. OSSORIO: Yes, sir.
CHAIRMAN HENNING: Did you say the licensing board
adopted this policy?
MR. OSSORIO: The licensing board has reviewed the previous
fee schedule and made recommendation through resolution and then
the resolution was brought to the Board of County Commissioners for
adoption, yes.
CHAIRMAN HENNING: So the board did -- the Board of
Commissioners adopted it?
MR. OSSORIO: Yes.
CHAIRMAN HENNING: Okay.
MR. OSSORIO: Yes, they have. This year, or end of last year.
MR. MUDD: 2007,537, on 12/11/07 is when you adopted it, sir.
CHAIRMAN HENNING: Okay. Commissioner Halas?
COMMISSIONER HALAS: If the gentleman would have kept
his license current, what would it have cost him each year?
MR. OSSORIO: I think it's $85.
COMMISSIONER HALAS: Okay. So really he had the ability
to keep this current because you never know where you're -- where
you're going to be moving to. And that's just like a license for a CPA
or a license for anyone else that's in the public that has a profession; is
that correct?
MR. OSSORIO: Yes. We have many applicants or many
contractors move out of the state, and what they elect to do it put the
license on a dormant status in case they do come back.
COMMISSIONER HALAS: And what's that cost?
MR. OSSORIO: That's 85. It's the same amount.
COMMISSIONER HALAS: Dormant, $85 each year?
CHAIRMAN HENNING: Well, you can't make laws to cover
every case, and clearly this gentleman has stated that he had no
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May 27,2008
intentions to come back, so why would he want to keep his license in
suspense, then having to take all those tests over again?
I mean, the board has the ability to waive fees, correct? Not the
licensing board. We do. So this does not have to go back to the
licensing board. It just has to stay here if the board chooses to waive
these fees.
Commissioner Fiala?
COMMISSIONER FIALA: Yeah. You know, I don't know
where you're going with this, but the man has already had to do all of
the applications and so forth like he's applying for a new license, he's
paid all of the monies up front, which is half again of what it is. I
don't understand why he has to go through a process when he didn't
know he was going to be coming back here in the first place being that
he's re -- now he has applied for a new license. I think we ought to
just give it to him.
CHAIRMAN HENNING: That's the licensing fee --
COMMISSIONER FIALA: Yeah, with the --
CHAIRMAN HENNING: -- whatever that is?
COMMISSIONER FIALA: Yeah.
CHAIRMAN HENNING: The new licensing fee.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I was just going to say,
I'd be very interested in bringing this back. I'd be a little leery to make
a decision without advertising it first. But I -- right now I can support
the position that Commissioner Fiala and Commissioner Henning are
taking. .
CHAIRMAN HENNING: Okay. Ifwe bring it back, how are
we going to -- I mean, this gentleman needs to have some kind of
license to work; is that correct?
MR. LACHANCE: Correct.
CHAIRMAN HENNING: Mr. Ossorio, how do you recommend
that -- if we bring this back, how do you recommend resolving this __
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May 27,2008
so he can pay his monthly dues, I think he said?
MR. LACHANCE: I'm willing to pay the fees that are involved.
I'm not one that's (sic) wanting to skate through and not do what's not
(sic) right, okay?
My question to Mr. Halas is this, I pay my $85 a year to keep it
inactive, what do I get for my money? Absolutely nothing.
COMMISSIONER HALAS: What it does is it keeps you from
having to go back through a testing program again.
MR. LACHANCE: Already been through it.
COMMISSIONER HALAS: Well, I'm saying if you didn't -- if
you would have kept it current, then -- and --
MR. LACHANCE: No.
COMMISSIONER HALAS: -- the end result is, you wouldn't
have to go through a testing --
MR. LACHANCE: That's incorrect, sir. After--
COMMISSIONER HALAS: Am I right or wrong?
MR. LACHANCE: After 13 months you have to retake the
exam regardless.
MR. OSSORIO: No, that's not -- that's not correct. He's close.
COMMISSIONER HALAS: I didn't think so.
MR. OSSORIO: After three years, if you haven't taken the exam
you would have to take it again.
But we're not here to talk about the exams. The gentleman's taken
the exam. The only thing we can offer is that, you know, this might
come up -- unfortunately he might be something new. We can take it
to the licensing board the third Wednesday of the month and we can
recommend or have a finding of fact to, you know, make a board
recommendation to the Board of County Commissioners, so then you
can feel comfortable making that decision.
I recommend since, you know, the licensing board does have
some jurisdiction on adopting of fees or recommending fees, let's find
out why they did it and let's find out if this gentleman can get his
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May 27,2008
license without paying those fees.
But then again, I can't waive fees today without your ability (sic).
So he would be technically, for another couple weeks, he would have
to petition the licensing board. We'll get him on the agenda.
CHAIRMAN HENNING: Well, the licensing board does not
have the legal ability to create fees.
MR. OSSORIO: That's correct.
CHAIRMAN HENNING: Only the Board of Commissioners
can adopt fees. It's within our legal right to waive fees. It even says it
on the resolution, at the top of the resolution.
But I like your recommendation. So get back to my question.
What do we do in the meantime? Can this gentleman operate until we
resolve it, or should I ask the County Attorney that?
MR. OSSORIO: Well, you can ask Mr. Robert Zachary, but it's
my opinion as the licensing supervisor that if he doesn't pay his fees,
we cannot issue him a certificate.
CHAIRMAN HENNING: Does he pay the fees as he -- not a
renewal fee, as new applicant fee or --
MR. OSSORIO: As far as I know, the adoption of what the
board has done would be the total amount of fees, unless you waive
those fees.
COMMISSIONER FIALA: Total amount of what fees?
CHAIRMAN HENNING: Okay. Is it -- is it the $85 or is it the
$1,000?
MR. OSSORIO: It's the -- actually it's a little more than that. I
did some of the calculations, and it's a thousand --
CHAIRMAN HENNING: So he has to pay the $1,000 before he
can get a license?
MR. LACHANCE: I believe it's $1,080.
MR. OSSORIO: It's actually 1,170.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, a suggestion. Sir, I think
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May 27,2008
we're going in the right direction for you. My concern is due process.
But your concern is you need to go to work tomorrow, and I don't
argue with you there. May I make a suggestion?
MR. LACHANCE: Sure.
COMMISSIONER COLETTA: I think this is an issue that's
going to come back before the commission. Pay the fee. We'll
recognize the fact you did, we'll bring it back before the commission
and get your reimbursement.
MR. LACHANCE: I mean, I am still operating under another
person's contractor's license. I'm trying to get out from under that.
COMMISSIONER COLETTA: I understand that. But what I'm
saying is, if you paid the fees, your license would be reinstated. The
question is the fairness of the fees. We have to resolve this thing, but
it's going to probably come back in about two weeks to be able to
resolve it to everybody's satisfaction. Pay the fees, we'll still bring it
back, and then we'll get your reimbursement for that part of it that we
think would be fair.
CHAIRMAN HENNING: Well, I'm going to make a motion that
we ask the Contractor Licensing Board to give the Board of
Commissioners some recommendations, bring it back at another
meeting. If the gentleman wants his license in the meantime, to pay
those -- $1,085, or whatever it is, work under somebody else's license.
MR. LACHANCE: I thank you very much for your time.
COMMISSIONER FIALA: Second the motion, yep.
CHAIRMAN HENNING: Second the motion by Commissioner
Fiala.
Any discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
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May 27,2008
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Carries. We're going to take a
10-minute break.
Do you have any questions?
MR. MUDD: No. I was just going to tell Mr. Lachance, ifhe __
when he pays the thousand --
COMMISSIONER HALAS: $1,170.
MR. MUDD: -- 170, whatever it is, dollars, that he pays it under
protest so that when he gets here and gets heard, that makes that
refunded issue legal.
COMMISSIONER FIALA: Do we have any kind of a
temporary, not a CO, temporary--
MR. MUDD: That's all.
CHAIRMAN HENNING: This is a right-to-work state. I don't
know how we can pay a -- charge a fee to work.
(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. I also
remind you that you have a 10:30 time certain item that's 9G.
Mr. Chairman, do you want to go to that particular item, sir?
CHAIRMAN HENNING: Yes.
Item #9G
RECOMMENDATION TO ADOPT A RESOLUTION
SUPERSEDING COLLIER COUNTY RESOLUTION NO. 07-340
AND AMEND THE PURCHASING POLICY TO INCLUDE A
LOCAL PREFERENCE POLICY AND PROCEDURE - TO
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May 27,2008
BRING BACK CLARIFIED RESOLUTION W/STIPULATIONS
AT THE NEXT BCC MEETING - APPROVED
MR. MUDD: Okay. 9G, this item to be heard at 10:30 a.m. It's
a recommendation to adopt a resolution superseding Collier County
resolution number 07-340 and amending the purchasing policy to
include a local preference policy and procedure.
CHAIRMAN HENNING: Thank you, County Manager. Yeah,
and I put this on the agenda. It was actually an idea from the
community. I guess that's what makes it so special. It is not my idea.
But looking at it and, Commissioners, looking, each and every
one of the communities abutting to Collier County has a local
preference ordinance. And in fact, the City of LaBelle, the City of Fort
Myers has a local something preference.
What's good about this, it does not raise the cost of doing
business. What it actually is, if a -- the example in here. If a low bid
is an out-of-town vendor and you have a local vendor that is within 10
percent of that lowest price, the local vendor has an opportunity to
say, I'll do it for the price, the lowest price.
The other benefit to this is we, the Board of Commissioners,
through an interlocal agreement with other communities, get to, if they
agree to it, use our local businesses as a local preference also, and vice
versa. So that's pretty much how it works.
The -- in the packet is the policy, purchasing policy, and the total
purchasing policy and -- with the local preference in it.
Commissioner Fiala?
COMMISSIONER FIALA: I think it's a great idea. I think that
it's one way that we, the county commission, can show our support of
our business community. I think it's important that they know that,
especially in these tough times, we want to choose them before we
choose someone else. I have a -- so as you can see, I'm solidly behind
it.
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I do have a question. If we were bidding on something and we
were bidding on television sets and some company locally bid one
price, could some out-of-town company bid a ridiculously low price
that isn't -- you know, purposely trying to eliminate the local company
who couldn't compete with that ridiculously low price and then they
didn't come through with it anyway because it was too low, so they
jacked it up?
CHAIRMAN HENNING: Well, I think that our purchasing staff
and the selection committee can see through some of that stuff.
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: Because we have several of them -- I
did some research just on last year's bids that came to us -- were
disqualified because they were considered nonresponsive. They did
have some prices on there or they couldn't provide the service.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Commissioner Henning, I
applaud you for bringing this forward. I just want to make sure it's not
going to be just a feel-good ordinance but it's going to actually be a
benefit.
My question is, what constitutes a local vendor? Is it a physical
location in the county with employees, or is it a mailing address where
the mail might be forwarded? How do we differentiate one from
another?
CHAIRMAN HENNING: It's a physical location and it's a
one-year suggested by the County Attorney that you have an
occupation and physical location in Collier County.
COMMISSIONER COLETTA: Okay.
COMMISSIONER FIALA: That they had to be here a year --
CHAIRMAN HENNING: A year.
COMMISSIONER FIALA: -- before?
CHAIRMAN HENNING: A year.
COMMISSIONER COLETTA: And if! may pick up on that.
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May I address the County Attorney?
CHAIRMAN HENNING: Yeah, please.
COMMISSIONER COLETTA: Yeah. When it comes to this as
far as what they have to do, in other words, I'm a company outside of
Fort Myers and I'd love to be able to get into the bidding process of
Collier County. I want to make sure that I'm going to be vested for the
same considerations as a local company.
So if I took out a -- one of these small offices where I might be
there part of the week or I might not be there, I could have the phone
forwarded, the mail forwarded, and I took out an occupational license,
would that constitute as a local vendor?
MR. KLATZKOW: It might not. The board might find that that
was a circumvention of the policy and deny that.
COMMISSIONER COLETTA: Can we write this into it so -- in
such a way that we can prevent this from happening? I'm just looking
at, in this tough times, as we have mentioned several times today, you
have businesses out there that are going to seize on any opportunity
they can to be able to move anything forward.
Now, the objective of this is to be able to help the local
businesses. And I want to make sure that when we put this thing
together, it has enough teeth in it that the local businesses are going to
benefit and it's not going to be some Johnny come lately from the
outside that takes an office into one of these small buildings out there,
spends a hundred -- couple hundred dollars for a small office space,
and then they might be in that office once a month.
MR. KLATZKOW: I think this policy addresses that.
COMMISSIONER COLETTA: And how does it do that, sir?
MR. KLATZKOW: It says that the vendor shall not be
considered a local business unless it contributes to the economic
development and well-being of Collier County in a verifiable and
measurable way.
This may include the retention, expansion of employment
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opportunities to support increase in the compliant tax base and
residency of employees and principals of the business within Collier
County. So I think that the resolution does, or the policy does take that
into consideration.
COMMISSIONER COLETTA: So in understand you correctly,
if somebody was just to open an office here and do nothing but maybe
have one person in that office, pay an occupational tax and didn't have
one employee other than themselves, they wouldn't constitute as being
a local business?
MR. KLATZKOW: No. We used to call that a mail drop back
in New York, and I don't think -- I think if the board wanted to, they
could say, no, that's not good enough.
COMMISSIONER COLETTA: And you're absolutely sure that
what you've got in there will prevent this so that we can offer a benefit
to the local businesses?
MR. KLATZKOW: Yeah. This policy was taken directly from
Broward County and Miami-Dade County. They've been using it for
many years. And, yes, I think you can do that.
COMMISSIONER COLETTA: Now, how about a business that
may be -- and forgive me for all the questions, but I just want to be
able to get my comfort level totally where it needs to be -- where a
business, a large business that might be known in this area for a long
time, and that particular business has a particular direction they go.
They might be into concrete work, and they have a surveyor come in
from out of town, who want to be within that company to be able to
get the bids out. Would they be -- is there a way to prevent that, like
an outside company running their company through an established
company?
MR. KLATZKOW: I don't think this policy takes into account
subcontractors, if that's what you're getting at.
COMMISSIONER COLETTA: Okay. And it would explain
how subcontractors would be something we can avoid? In other
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words, if we do hire someone to do some work here, what's to prevent
them from subcontracting it outside the area?
MR. KLATZKOW: I don't think there is anything. I don't know
that we even keep track that.
COMMISSIONER COLETTA: Is there some way that we
could, maybe a performance that would have to be proven at some
point in time in the job?
MR. KLATZKOW: You'd have to -- we'd have to look into that,
Commissioner.
COMMISSIONER COLETTA: Okay, thank you.
CHAIRMAN HENNING: Commissioner, there are going to be
some cases where a local company is going to want to hire outside
subcontractors to perform that particular duty because they don't have
the expertise.
COMMISSIONER COLETTA: Okay.
CHAIRMAN HENNING: You know, give you an example, is a
planning company that does not have expertise -- they don't have a
transportation planner so they can't do the modeling for transportation.
They're going to have to sub that out. Whether they do it through a
local business or an out-of-town business is -- you know, is another
thing. But the bottom line is, is the local business being the bidder,
would be established in the community, and they might have to get
outside expertise.
COMMISSIONER COLETTA: And I'm not trying to throw
water on your fire. I just -- my concern is, is there -- if there's some
way to be able to keep the business all locally rather than a contractor
picking it up and then subbing it out to other areas of the state when
we have local contractors that can do it, maybe some sort of
preference thing in there that the contractor tries to comply with or
agrees to try to comply with. I'm not too sure how to be able to word
it. But I'm just trying to see how we can get the maximum amount of
bang out of this particular ordinance that we're putting together.
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CHAIRMAN HENNING: I understand.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I understand where we're trying to
go here, but I have some real concerns here. I don't know if staffs had
a chance to really review what we're trying to bring forward here.
I'm concerned in the sense that -- I understand where you're
coming from, Commissioner Henning, but I don't think we really gave
you direction from board in regards to addressing this ordinance.
I think that we need to have staffs input in regards to what the
impacts would be with such an ordinance.
In the past, when times were good here, we had two road
building companies. And if my memory serves me correctly, we
couldn't get anyone else to bid on contracts even from outside the area
until at such time as things started to get a little bit -- it went to a little
bit of a slow-down, and then we had a major contractor come in here
and -- such as Astaldi, and really did a bang-up job.
We've had people here that were here for road building that were
here locally, and they had exorbitant bids to the point where a couple
times we threw them out because we said, this is way too much.
My concern is, I think maybe what we ought to have is staff
come back at another meeting and give us their take on what we're
trying to accomplish here.
And I think the County Attorney said that this ordinance came
out of Broward County. Did you write it or did the chair write this
ordinance?
MR. KLATZKOW: No. This ordinance is Broward County's
ordinance.
COMMISSIONER HALAS: And where --
MR. KLATZKOW: They're the ones who wrote it a couple
years ago.
COMMISSIONER HALAS: And you just put it on the -- in
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regards -- is this the final ordinance or is there changes over the
weekend on this?
MR. KLATZKOW: No, this is it.
COMMISSIONER HALAS: Okay. There's no changes at all,
just what's in our packet is up to date; is that correct?
MR. KLATZKOW: There are minor typographical errors I'm
going to have to correct, because when we put in the number 11, there
were references throughout it to the other numbers, but it's
inconsequential.
COMMISSIONER HALAS: I wonder if we should bring this
back to the next meeting so that staff has time to review this to tell us
what the impacts are, because I think it's something that's needed, but I
think we also need to know both sides of the story here. That's my
feeling.
CHAIRMAN HENNING: Commissioner, this is not an
ordinance. This is a resolution.
COMMISSIONER HALAS: I took it, it was an ordinance.
MR. KLATZKOW: Your purchasing policy is by resolution.
COMMISSIONER HALAS: Okay.
CHAIRMAN HENNING: Okay?
COMMISSIONER HALAS: So what does staff have to say
about this? County Manager, where do we stand on this?
CHAIRMAN HENNING: Is that your question?
COMMISSIONER HALAS: Yeah. Should we bring this back
so that staff has a chance to look at this resolution to see what the
impacts are? .
MR. MUDD: Well, I'm -- Commissioner, I will tell you you've
got some issues in your purchasing policy. When you included
section X one or 11 into the particular contract, it basically pushed out
all the references to that -- to the sections thereafter, and so there
needs to be a lot of cross-reference changes in the particular policy.
And it was brought to my attention by your purchasing director
May 27,2008
that a perfect example would be on page 7 of the purchasing policy,
and that would be -- and this is just an example. Page 12 of 32, if you
look at the second to the last paragraph at the bottom, and you go
down one, two, three, four, under the 750,000 down to any work
and/or contract that exceeds that amount subsequent to award and
prior to completion of the work shall be subject to the provisions of
section XIV.C of this resolution, okay.
Now, if you go to XIV.C on page 14, there is no XIV paragraph
C. It's now XVC, okay. So it's shifted everything off of that, and
there's a lot of cross-referencing in the policy that needs to be changed
in order to account for the inclusion of a new paragraph in the middle
of it. And so we want to make sure that it doesn't cause any confusion
in the particular issue.
And I'd also want to make sure that we have the intent of the
board or the intent of Commissioner Henning in this particular issue. I
want to refer you to page 11 quickly, if you would. Where it says
competitive bid. It's a paragraph --
COMMISSIONER FIALA: Page 11 on the top or bottom?
MR. MUDD: Page 16 of 32, page 11 at the bottom, ma'am,
where it says, competitive bid. It says, what was just described by the
chairman was if -- if a local vendor would have the chance to bid and
ifhe could match the low bid by a nonlocal vendor, then the local
vendor would get it. That's not what competitive bid paragraph 2A
says.
It says, when a responsive responsible nonlocal business submits
the lowest price bid and the bid submitted by one or more responsive
responsible local businesses is within 10 percent of the price submitted
by the nonlocal business, then that nonlocal business and each of the
aforementioned local businesses shall have the opportunity to submit a
best and final bid equal or lower than the amount of the low bid
previously submitted.
So it isn't a foregone conclusion that if a local bidder can get to
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the lowest bid, that he would get it. Everybody gets an opportunity
within that 10 percent, the lowest nonlocal bidder and the local
bidders get to do a best and final based on what I read in that
particular paragraph.
Is that -- did I --
COMMISSIONER HALAS: I think you got it. I'd like to ask
Steve a question in regards to this.
Steve, how does this -- have you had time to look at this to figure
out how that affects the county in regards to contracts?
MR. CARNELL: Yes, I have. For the record, Steve Carnell,
purchasing general services director. I have seen three different drafts
of this resolution, and there are differences between the three, and I'm
not entirely sure that I fully understand the current document.
I'm looking at the document that's in the electronic agenda, so I'm
assuming that's the one that's being recommended for discussion.
The -- Mr. Mudd pointed out an important point that preference
comes, that I know of, at least in three flavors. You can have a fixed
range where if a local bidder is within that range and the apparent low
bidder is nonlocal, then you just simply award it to the local and you
pay more. And Lee County has that, 3 percent preference. If you're
within 3 percent, you're local, low bidder's not, you win. Lee County
pays more for goods and services. That's not being recommended
here.
As Commissioner Henning pointed out, this process is intended
to not increase the costs of goods and services directly in the bidding
process, so that's something that's commendable about it.
But as Mr. Mudd just pointed out, there is a difference. The
executive summary doesn't match the resolution. The executive
summary says that if you're within 10 percent and you're local, you
get it. The resolution says what Mr. Mudd just said, that it calls for a
best and final process, a second process. That's what Broward County
does.
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Those are two different processes. One would become the right
of match process, the other is best and final process.
Now, let me -- if I could, just for -- to try to further answer your
question, Commissioner Halas, let me give you a little bit of my take
on this professionally and then -- in terms of some of what my
concerns are, and then let me tell you, if the board wants to go forward
with this, we'll implement it with full enthusiasm, but there are some
mechanical things that have to be clarified. We've touched on one or
two of them, but there's some others as well.
First off, philosophically, the goal of public competition is to
have it be open and fair and to maximize it. You want as many people
who are capable of delivering the goods or the services on the terms
that you want and need them to participate as possible.
In a local preference ordinance or resolution, you are essentially
targeting a group and saying you're going to give them preference and
you're going to treat locals versus non-locals differently. That runs a
little bit against the philosophy of trying to maximize open
competition.
The other thing, too, is that if we're -- if we're talking about a best
and final process -- which, by the way, I prefer over an automatic
award because at least you're leaving the nonlocal guy in the process
in the second round. You're not just holding him down and taking it
away from him because some local bidder happens to be within 8
percent of him. He just loses.
At least in the best and final he gets to compete in the second
round, so that's good, that part of it, but what you're facing is, the
message that we want to send with bidding is give us your best price
and sharpen your pencil the first time, and when you create a process
that has a potential second step to it, it potentially disenchants
particularly local vendors from doing that. So those are things you've
got to be aware of.
A few other things to think about. The reference -- the resolution
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makes reference to the fact that local businesses pay taxes, and they
certainly do, but they're -- we need to understand, local businesses,
just like residents who pay taxes, are benefiting from those taxes.
They get something in return for those taxes. They get roadways, they
get drinkable water, they get parks, they get libraries. They get all
kinds of services and infrastructure that we provide to make this
community livable, and they're getting that with or without a local
preference.
And I think we just need to remember and understand that taxes
are not necessarily tied to giving local businesses work. Their primary
focus of taxes is to deliver services. You five, absent Commissioner
Coyle today, every single meeting, you struggle with trying to keep
taxes down and maximize services. You would ideally like to deliver
the most service you can for the least amount of money. And that's
really the focus of management of taxes and the primary thrust of
applying taxes.
Now, that said, a couple other things. Local businesses have
inherent advantages often in the bidding process because of their
proximity because they have labor and resources available. Arguably
they have some built-in pricing advantages going into the bidding
process. So the idea that out-of-town folks have an advantage and we
need to somehow level the playing field doesn't take into account that
fact that, in reality, a lot of times the local vendors have, again, labor
and resources proximate to them. And really, it's a lower cost for
them to deliver the services in many instances.
Something else, too, from reading the resolution. Part of the
justification I see in the executive summary what we were talking
about and you all had verbally mentioned it, that you want to help the
local economy, particularly in the times we're in now, and that's
certainly understandable.
But as was alluded to earlier, the times we're in now are not
necessarily permanent, and you may want to consider a sunset
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provision or something that would cause us to revisit this in a couple
years when times are different, because if you stay in this setting, I
think there's a potential you're going to dampen competition
eventually. You're going to discourage nonlocal bidders from bidding.
The -- let me give you an example, just one example. I'm almost
done here. This is a -- Mr. Mudd, if you could put that on there for
me. Thank you.
I don't know how closely you can read this, but this is a project
we had a couple years ago, two years ago, Mr. DeLony had, and they
were both underground water main projects. One was for the East
Trail and one was for Collier Boulevard, and they were six months
apart in the bidding process.
The first project was smaller in dollars and cents, and we had two
bids received. And remember, this is February, 2006, when the times
are better than they are now. And we had one local bidder and we had
one from Oklahoma, a company named Ackerman Construction.
Ackerman bid, in round numbers, just under $3.5 million. The local
bidder bid over $3.6 million. The price difference was 4.1 percent, or
dollars and cents, $146,000.
Ackerman wins. They come in and perform the work, deliver the
project on time within the budget. And while they're here doing that
first project, they make a commitment to Collier County. They open
an office here.
And as the -- they're working on the work, the bidding window
opens for the second bid, which was for Collier Boulevard. Now, this
one was much more competitive. We had seven bids in this case.
Again, Ackerman was the low bidder who performed well -- at this
point they're performing well on the first job and they've long since
completed that first job.
Well, they came in low among seven bidders the second time,
and they told us that the reason they bid the second job was because
they won the first job, and they told us they moved to Collier County
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and got a beachhead here, if you will, because they bid the first job
and got that first contract and got that opportunity.
If we had had this resolution in place -- and I'll make two
distinctions here. If we'd had what I call the right to match process
where, if you're within 10 percent, Mr. Local Bidder, you get it as
long as you're willing to lower your price and match the apparent --
the nonlocallow bidder. Ifwe'd had that process, someone else wins
that first contract at the top of the page.
If someone else wins that first contract, Ackerman Construction
doesn't come to Collier County. So that's -- that's a negative in terms
of economic development.
Now, if you'd had the best-and-final approach, it's a little more
unclear what might have happened because we would have had a
second process. Maybe Ackerman wins the second process and so
forth. But maybe they still come and -- but my point is, this is an
unintended consequence potentially of a local preference, particularly
if you do a right-to-match approach where the nonlocal bidder who's
low is excluded from that second round or that second opportunity for
competition, then he's out. In this case, this contractor would not have
come to Collier County and we would have lost the fruit and benefit of
having another good construction contractor in our pool.
Couple other things briefly. The resolution makes reference to
signing interlocal agreements with other counties, and that may be a
very good idea. And as the chairman said, Broward County, I believe,
does have that as part of their resolution. But the thing you've got to
remember is, I'm not clear when this takes effect. If you all vote to put
this in place today, how does it affect my bids that open tomorrow or
next week? I'm not clear when we're putting this in place.
And I know at this point in time, to my knowledge, we don't have
any interlocal agreements in place, Lee County or anybody else.
So if we're going to do this and we're going to put this in place
without those interlocal agreements, then we need to understand Lee
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County folks are foreign until such time as we have interlocal
agreements in place. So you may want to think about that in terms of
how you implement this.
And that gets me into one other little adjunct. We have a decent
number of folks with Lee County addresses who are quite -- very
much borderline. Their offices are Bonita, Estero, and they are
consistently bidding our projects down here. And I'm -- I don't know
for a fact that they don't hire Collier County people or, for that matter,
may hire more Collier County people than a Collier County vendor
does. I don't know that standing here now.
Now, you don't necessarily -- in the front end of this resolution,
as I read it, you don't necessarily get into a comparison of who hires
more. The assumption is, if you've got a Collier County address and
you're making some kind of economic impact on the community, then
you're considered local, and you're not taking into account necessarily
who is more local, if you will, who has more of an impact.
But I'm telling you, you're going to run into circumstances where
somebody with a Lee County address is going to, in reality, be hiring
and employing more Collier County people than a Collier County
address. Kind of a little offshoot of what you said, Commissioner
Coletta, not necessarily as corrupt or with bad intentions. It could be a
viable Collier County business but -- competing against a Lee County
business, but the Lee County person's actually impacting the economy
of Collier County more. That is entirely possible within this kind of
scenano.
Now, I recognize signing the interlocal agreements to where we
would include Lee County in the coverage area would mitigate some
of that, but you still -- you still push the line out.
And this is kind of the bottom line with local preference.
Somebody has to be disadvantaged for it to work. And if you're going
to make Lee County part of the coverage area, so to speak, say the Lee
County area, the Lee County vendors who fill out the proper
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paperwork are going to be considered eligible, well, then there's going
to be somebody who lives on the Lee County/Charlotte County line
who resides in Lee County but office is in Charlotte who's going to be
excluded. But technically it's the same thing. They're now in the
coverage area but we're excluding them, so to speak. So those are
things to think about.
Then the last thing I want to focus on is that -- we've talked
about, there's some mechanical issues with this thing. As we said, the
resolution, the executive summaries don't appear to match when it
comes to whether you want to do a right to match or a BAFO process.
And again, I think BAFO's more preferable, and that is what Broward
does, and that's what the resolution says.
MR. MUDD: BAFO, one more time?
MR. CARNELL: BAFO's best and final offer. Again, just for
everybody's clarification. In a BAFO process, everybody who falls
within 10 percent, including the -- it could be the nonlocallow bidder
and all the locals who are within 10, then go to second round of
competition. Well, that's good in the sense that we're competing.
That warms the cockles of my heart. We're having competition. That's
good. That part of it's good.
But you could end up in situations where there's one local and
one nonlocal. And the opportunities for collusion, because everybody
now knows who exactly is competing, you know what the price is that
you're trying to beat, there's a potential for some of that. Now -- so
you need to keep that in mind as well.
A couple last things I've got -- and I'll finish up here. The term
professional services is very broadly written in the resolution, and
perhaps it's the way Broward defines it. I don't know. But it basically
-- I think almost anybody who provides a service could argue they're a
professional service the way it's written. And it's not -- it is in
contradiction to how our ordinance -- we do have an ordinance for
procurement, and the ordinance -- one of the things in the ordinance is
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its definition of professional service.
Our purchasing policy elsewhere defines a professional service,
and it defines it more precisely than this, and those definitions match
each other. You have a contradiction here. And there's a few other
things like that that I think need to be cleaned up.
Now, I'm going at a part now where I -- these are not deal killers,
anything I'm telling you. If you all want to do this, I can -- we can
clean these things up and do it. It's not the end of the world and
nothing we can't overcome. But I do -- if you adopt it the way it's
written, you're going to have some contradictions, and yours truly is
probably going to be entertaining some protests and potentially people
raising some issues about, well, this doesn't match that kind of thing
that we still need to clean up.
So that's where I am with it, in response to your question. Thank
you, Mr. Chairman.
COMMISSIONER HALAS: I think what we need to do is have
staff, both you and all the other departments, sit down and look at this
ordinance and bring it back to us to where it's cleaned up to where
everybody feels comfortable with this.
I believe that best and final would be good because some of these
companies, when you've got big engineering projects, they're going to
sit down and they're we're going to figure out exactly what it's going
to take to build a project here, and they're putting a lot of money on
the line right off the bat out of their pockets. And if we don't have
something like best and final, I think that it could entertain lawsuits
here in the county.
So I think this is a great way to go, but I think we just need to
address this and bring it back maybe to the next meeting. That's my --
that's my take on this. And I'll make a motion to that effect, to
continue this to next meeting.
CHAIRMAN HENNING: A motion on the floor by
Commissioner Halas. Is there a second to the motion?
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COMMISSIONER COLETTA: I'll second the motion.
CHAIRMAN HENNING: Second to the motion by
Commissioner Coletta for discussion.
And just so that we have some clarification, it's to bring it back, a
local preference ordinance -- Mr. Carnell? Let's make sure that we
have a complete understanding.
MR. CARNELL: What I'd like to do is clar -- just take your
resolution and clarify it in a few places.
CHAIRMAN HENNING: Well--
MR. CARNELL: And I think --
CHAIRMAN HENNING: -- why can't it be done now?
MR. CARNELL: Well, if you want to --
CHAIRMAN HENNING: The things that the County Manager
said is news to me, even though everybody had it in way early before
it hit the agenda. It's quite a surprise that I wasn't aware of this prior
to it.
Yeah, there's a motion to continue it, so let's just make sure that
we have it right. It's going to be back on the next agenda as a
resolution, and we're going to have sunset provisions in it of two
years, one-year review, report back to the board? Is that what we're
going to have? I think we should have some kind of reports on the
effects on it since there's so many concerns about -- is that correct?
That's what I would like to have.
COMMISSIONER COLETTA: I don't have a problem with that,
but I do have other things I want to mention.
CHAIRMAN HENNING: Well, let's just make sure that the
direction is clear. And is it going to be a preference of 10 percent?
COMMISSIONER HALAS: I think it should be a preference of
3 percent, and I think --
CHAIRMAN HENNING: I'm not going to support that.
COMMISSIONER HALAS: Well, I'm just telling you that I
think we also need to have transportation and also utilities department
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May 27,2008 .
in on this and parks and rec. Anybody that deals with outside need to
sit down with Steve there and make sure that everybody has an
understanding of what this resolution is, and I think they can get done
within the -- before the next board meeting.
CHAIRMAN HENNING: I don't -- that's not clear direction.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. One of the clear directions I
would like to -- well, first let me comment. I have so many
comments, and I've been very quiet and behaving myself. But, you
know, Steve Carnell said taxes -- taxes -- you know, people who come
in will pay taxes, also businesses that could close and not pay any
taxes because they don't get the business and we give them to outside
companies who then bring their people in here.
Second of all, yes, our people enjoy some of the -- well, even
though taxes are coming in a lot lower now, but they still enjoy some
of the things that the taxes pay for, and if we're sending these -- this
business out -- out of the county, then those tax monies don't come in
here.
Steve said something about targeting and giving preference to
certain businesses. Well, I think we should be targeting our own
businesses and giving them preference. I think that that's part of our --
our goal.
I think that the bid process at times has been structured to
eliminate local business. And I give you the fair example, the
example of Marco Office Supply versus Corporate Express. The way
the bid process was, no matter how you wanted to define it, it was
structured so that nobody could win it but Corporate Express, and yet
their prices are higher, we're paying a lot more money, our taxpayers
are paying a lot more money, but we've got them now.
And they even opened a little office here. They're probably
keeping somebody in there once a month or something, and that's
great. That still bothers me. I identified that first off when that firstH
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came before us, and we've continued that, and that bothers me an
awful lot. So Steve says fair and maximize our opportunities, but
sometimes we're not fair, and I think there should be something in this
ordinance or --
CHAIRMAN HENNING: Resolution.
COMMISSIONER FIALA: -- resolution that says that we
should have a fair bidding process, not one who slants it to a certain
company.
CHAIRMAN HENNING: You need the -- yeah, I know what
you mean, and I agree with that.
Commissioner Coletta, I'm sorry.
COMMISSIONER COLETTA: Yeah. My second wasn't going
to require a 3 percent. I hope that doesn't change the direction of the
motion. I'd like to keep that open for discussion when it comes back.
I think 3 percent's way too low, but I'd like to be able to hear what the
options are on it. I understand, Commissioner Halas is concerned
about protecting the welfare of the taxpayers out there with some sort
of mechanism that assures us that we're going to have the lowest
possible bid.
Open to discussion on that, but I'm not going to support a motion
that just limits it to that 3 percent.
COMMISSIONER HALAS: I'll leave that out of the motion, the
3 percent, and that's up for discussion. I think the five of us, when
Commissioner Coyle shows up at the next meeting, that we can come
to an agreement where we should be on that, okay?
COMMISSIONER COLETTA: The other thing that we haven't
included but I brought up in discussion, is my concern is the fact that
we bid it to a local company, and the next thing you know, somebody
from upstate comes in as the subcontractor. I don't know if we ever
could address it, but I'd sure like to be able to hear the options when it
comes back.
CHAIRMAN HENNING: Okay.
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May 27, 2008
COMMISSIONER COLETT A: You still have speakers,
Commissioner Henning.
CHAIRMAN HENNING: Yeah, we have four speakers?
MS. FILSON: Yes, sir.
CHAIRMAN HENNING: The one thing, the idea about the
reciprocity or the interlocal agreements, Mr. Carnell suggested that we
do that first, doesn't give us any leverage at all. The -- we need to
create the policy and then go out to these other communities and have
-- try to form that interlocal agreement where we recognize their locals
and they recognize our locals.
Commissioner Coletta?
COMMISSIONER COLETTA: I was going to say, I think
you're right, but you know what I would suggest? Put together the
resolution so that we can deal with the problems at hand, then task the
Chamber of Commerce to be able to do that. That would be my way
of being able to reach out and make the two work it out so that we
have the same ability to be able to reach into Lee County to be able to
service their clients, our businesses do.
CHAIRMAN HENNING: Right. Hopefully Mr. Hart is a
speaker. Would you call up the speakers, please?
MS. FILSON: Yes. Philip Penzo. He'll be followed by Steve
Hart.
MR. PENZO: Thank you for your time. I'm Philip Penzo,
president of Marco Office Supply Furniture and Printing. We're a
Collier County corporation formed in 1981.
Collier County, through partnerships with the EDC, has
incentives to encourage businesses outside the location to come to
Collier County. This resolution gives the business community that are
already invested in Collier County and as part of our community a
benefit from the local government that's there to support us, and it also
sends a message to staff that local -- the board would like to see the
local businesses get a shot at the bidding process.
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May 27, 2008
This would also encourage, I think, nonlocal businesses to maybe
invest their profits if they're doing business now back into our county.
I mean, bottom line is, as a business owner, you know, he's looking at
how many people in Fort Myers maybe are Collier employees.
When I hire people, I hire people that are local to my business
because I've learned over the years, if somebody has to drive an hour
to get to work, as soon as they find a job local to -- you know, closer
to where they're living, you lose them. So I'm sure it works both ways.
Lee County, you know, employers are hiring people local to their
business because they realize if they're drive -- commuting an hour to
get to work, they're not going to last with them too long.
I think the bottom line, I think this keeps the money in our
county, it keeps our economy going, and it keeps our county residents
employed. Thank you.
MS. FILSON: The next speaker is Steve Hart. He'll be followed
by Bart Zino.
MR. HART: Thank you, Mr. Chairman, Commissioners. My
name is Steve Hart, senior vice-president for public policy at Greater
Naples Chamber of Commerce.
And let me just commend you all, the four of you, and I know the
five of you, if Commissioner Coyle was here, for doing anything you
can to encourage local business, to support local business, to
encourage more commerce in this particular down economic time, and
you ought to be commended for that, and we appreciate the effort. We
stand ready to help you in any way we can do that, and we'd be happy
to do so, and I'll leave it at that. Thank you.
CHAIRMAN HENNING: Thank you.
MS. FILSON: Bart Zino. He'll be followed by Marcia Cravens.
MR. ZINO: Good morning. Bart Zino.
As a local contractor here in Collier County -- I've been here 10
years now. The firm I work for has been in Collier County for 20
years. I've seen the competitive nature of business in Collier County
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May 27, 2008
go up and go down. I've been excluded from bids for not being a local
vendor in other areas. I do get over it. You do deal with it. It would
be nice to be someone on the positive side of some preference as well.
And I recognize that even if -- even if a local vendor may cost a
little bit more occasionally and under some circumstances in Collier
County, let me be the first one to stand up at the podium and say, not
only am I a vendor in Collier County, but I'm a taxpayer in Collier
County. And I'll spend a little bit more of my money to ensure that
the guy who lives next door to me on the left and the guy who lives
next door to me on the right is still doing business in Collier County
and is still living in Collier County.
So I'll put my money where my mouth is and I'll get behind this.
Thank you.
MS. FILSON: Marcia Cravens?
MS. CRAVENS: Good morning. I would like to commend
Commissioner Henning and the rest of you who may be in support of
this resolution. I believe that this is something that has already been
addressed by the commissioners.
There was a lO-year growth management -- it was Vision Plan
and Growth Management Plan for fiscal year 2007. It should still be
in effect. I hope these were not just words on a page.
There were six goals and objectives that were within that Growth
Management Plan that was adopted in 2007, and it has not run out yet.
Additionally, there is a 2008 fiscal year action plan by County
Manager, Jim Mudd, still addressing trying to favor local businesses
whenever possible. I don't have that particular document in front of
me right now, but I'm sure that it would be a good document to be
reviewed.
So I'm a little puzzled that there might be some opposition by any
of the commissioners or county staff in opposing giving preference to
local businesses. You've already considered the situation and already
adopted a plan that does favor local businesses.
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May 27,2008
The other thing that I would like to comment on is that as an
environmental advocate, I also applaud this resolution. I believe that
the local firms should be given -- they should be given preference for
several reasons. One is they have local knowledge of the projects that
they're doing. They can build upon work that was previously done.
They have personal interest and investment in this community.
And lastly, what most concerns me, is that they have a tendency
to include environmental impact analysis when they are making
decisions about their design plans for upcoming projects.
And so I would ask the commissioners to consider these
statements that I've made and please vote yes for this resolution. I
believe that you can work out the kinks, and I think that's all I have to
say. Thank you.
CHAIRMAN HENNING: Thank you.
MS. FILSON: That's your final speaker, Mr. Chairman.
CHAIRMAN HENNING: So we have a motion and a second to
bring it back at the next meeting, the preference resolution and
policies.
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: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously. We're late for
11 o'clock. Yes, sir?
MR. MUDD: Just one question, Commissioner. Just -- the kinks
I can -- we can work out in the particular issue. And basically the
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May 27,2008
policy as written is pretty much unchanged. I just want to make sure
in that section on page 11 where you've got competitive -- the low bid
issue, are we doing best-and-final offer or if the local bidder is within
10 percent of the low bid, you'll award -- if the local firm can give you
the low bid, do we award it? I believe that's the difference between
the executive summary and what's written on the policy, and I just
want to get that clarification because it's a big thing.
CHAIRMAN HENNING: Well, the local-- I prefer the local
match -- have the opportunity to match it if they're within 10 percent.
COMMISSIONER FIALA: I agree.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: I'd have to go back to the
motion maker. I have no problem with bringing both of them back for
consideration, but I don't know if that was the intent of the motion.
COMMISSIONER HALAS: I think what we need to do is look
at all options, and I think that we also should include best and final
and see what the differences are, because --
CHAIRMAN HENNING: What are you going to get --
COMMISSIONER HALAS: -- I think it would be good for the
taxpayer.
CHAIRMAN HENNING: What are you going to get with best
and final? You're not going to get anything.
COMMISSIONER HALAS: Yes, you will.
CHAIRMAN HENNING: All you're going to get is what we --
the policy that we have now if you have best and final, correct?
MR. MUDD: Commissioner, depends -- depends on what the
bids come in at. They could be lower than what the first low bid was
in that particular juncture.
CHAIRMAN HENNING: Say that again.
MR. MUDD: It could be less.
CHAIRMAN HENNING: It could be. What could be?
MR. MUDD: The bid.
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CHAIRMAN HENNING: The bid, of the local?
MR. MUDD: The final bid from everybody could be lower than
the low bid was the first time around.
COMMISSIONER HALAS: And you have best and final.
CHAIRMAN HENNING: So there's -- is that a rebid? If you
have a -- an outside vendor that is the lowest, you're saying lowest --
the local -- or the outside would get the bid, correct?
MR. MUDD: No, sir. You're basically saying that -- what's
written on that page, the rewrite or this new section that's put on there
basically says --
COMMISSIONER HALAS: Best and final.
MR. MUDD: -- that once --
CHAIRMAN HENNING: Hang on.
MR. MUDD: -- it's determined who the low bid is, and let's say
in this particular example it's a non-county firm, and it's on page --
CHAIRMAN HENNING: Page 13.
MR. MUDD: It's page 11, page 16 of32 at the bottom where it
says comparative bid. I didn't write this section. This section is in
here. So I just want to make sure -- because I believe, Mr. Chairman,
what you stated, it isn't written that way in this particular paragraph.
And I just want to make sure that we have it right so when we come
back to you next time, this isn't a big discussion topic, that we get it
done. This says, best and final.
So what happens is, the firms go out, they bid the project. It's a
low-bid project. It comes in, the scorecard's there. If it's a local
bidder that is -- that's low bid, then it's awarded to the local firm.
If it is a nonlocal bidder that is the low price and we have local
bidders that are within 10 percent of that low price, what this states
right here is that the nonlocal bidder and the local bidders that are
within the 10 price (sic) will give a best-and-final bid, okay? That
best-and-final bid is assumed that it will be at least the low bid and
maybe lower.
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May 27,2008
COMMISSIONER FIALA: Commissioner, aren't we trying to
make sure that this process favors our local businesses? It should be
written accordingly. And ifbest offer doesn't -- or best-and-local (sic)
offer doesn't meet that bill, then write it so that it does.
MR. MUDD: I didn't write this section. I'm trying to fix it.
COMMISSIONER FIALA: Well, I'm just saying -- but you're
going to rewrite, and so, you know --
MR. MUDD: Yes, ma'am. I want to know if --
COMMISSIONER FIALA: -- let's make sure it favors our local
businesses.
MR. MUDD: I want to know what the board wants to do with
the particular issue --
COMMISSIONER FIALA: That's what I want to do.
MR. MUDD: -- because I believe this is the biggest issue in this
rewrite, and we've got to get that resolved. I don't want to come back
in two weeks and have something you don't want. We'd be doing this
discussion all over again.
THE COURT: Commissioner Coletta?
COMMISSIONER COLETT A: Yes. I -- and for that reason, I'd
like to hear both options again. I'll be honest with you, I agree with
Commissioner Fiala, but I don't want to limit us at this point in time.
I'd like to be able to consider everything in due process.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. That's where I'm going to
lean on the County Attorney to make sure that we're not getting
ourselves in a pitfall. So I think when they go through this process,
whether it's -- we come up with best-and-final bid, obviously that's to
protect us in the county here against any lawsuits, right?
MR. KLATZKOW: It's not really to protect you against
lawsuits. It's just -- it's a policy decision how you want to do it.
COMMISSIONER HALAS: Okay. But I think what we're also
looking at is making sure there is an option that the local firms -- if
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May 27, 2008
there's an outside firm that has a low bid, that the local firms can look
at what they have available because they're all going to look at their
engineering or whatever else, and maybe the local firm will come
back and say, hey, I can meet that. In fact, I can go lower than that,
and they've got the bid. So I think the best and final is an incentive for
the local companies to sharpen their pencil when they come around
the second time around.
MR. KLATZKOW: Well, I guess the question is, do you want
simply the local company to match and then get the bid or do you
want --
COMMISSIONER HALAS: Well, it's open competition for
everybody.
MR. KLATZKOW: Or do you want a second rebid?
CHAIRMAN HENNING: I think to hit what Commissioner
Fiala is saying, bring them both back.
MR. MUDD: Okay. And in this -- the policy we'll have two
sections A. We'll have one where it's a match and we'll have one that's
best and final, and then the board can determine what they want to do
on that particular issue. That meet the board's desire?
CHAIRMAN HENNING: Correct.
COMMISSIONER HALAS: Yep.
MR. MUDD: Thank you, sir.
CHAIRMAN HENNING: We have an 11 o'clock time concern.
Item #lOA
RECOMMENDATION TO REVIEW AND APPROVE THE
FEBRUARY 2008 REPORT OF THE RURAL LANDS
STEWARDSHIP AREA COMMITTEE ENTITLED, RURAL
LAND STEWARDSHIP AREA FIVE-YEAR REVIEW, PHASE 1-
TECHNICAL REPORT FOR USE IN THE RURAL LANDS
STEWARDSHIP OVERLAY DISTRICT PHASE 2 REPORT AND
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May 27,2008
AUTHORIZE TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS - APPROVED
MR. MUDD: Yes, sir. We have an 11 o'clock time certain. This
is 10A. This item to be heard, again, at 11 a.m. It's a recommendation
to review and approve the February, 2008, report of the Rural Land
Stewardship Area Committee entitled Rural Land Stewardship Area
Five- Year Review Phase I Technical Report for use in the Rural Land
Stewardship Overlay District Phase II Report and authorize transmittal
to the Florida Department of Community Affairs.
And Mr. Thomas Greenwood, your principal planner,
comprehensive planning, will present.
MR. GREENWOOD: Good morning, Commissioners, ladies
and gentlemen. Tom Greenwood, for the record, Comprehensive
Planning.
The report you have -- and it's a three-ring notebook, and it
includes other documents as well that are supportive of it, is the Phase
I report of the five-year review committee, which was appointed by
this body to -- and it's in accordance with policy 1.22 of the Rural
Land Stewardship Area Overlay.
Phase I is simply a documentation of actual activities that
occurred within the Rural Land Stewardship area. Nothing more,
nothing less.
Phase I has been reviewed by the Rural Land Stewardship
Review Committee. They approved the report on February 5th. The
Environmental Advisory Council vetted the report in its entirety on
March 6th. Planning Commission vetted also in its entirety on May
1st.
The commission's recommendation included -- and that is the
Planning Commission's recommendation -- included that the
committee review approximately nine pages of issues, comments,
concerns, that have been set forth to the committee.
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May 27, 2008
Phase I, again, does not make any recommendations to modify
the Rural Land Stewardship Area Overlay. It simply allows data to be
used for Phase II review ofthe overlay.
The Phase II overlay is already underway. It's being done by the
committee. They meet once a month. They will be meeting
beginning in June twice a month. Their anticipation is that Phase II,
which is review the overlay, will be done later this year.
And the review process for that will be the same as what we've
used for Phase I, and that is, the report will come from the committee,
go to the environmental advisory council, and they've already said
they'd like a whole day to review it; to the Planning Commission, they
also would like a whole day to review it; and then finally to the board,
and that direction will be given on Phase II at that time.
At this point I'd like to question whether or not the board has any
questions about what's in the report. If there are not, I would like to
introduce Ron Hamel who's the chairman of the committee, and Ron
will go from here.
CHAIRMAN HENNING: Are there any questions?
(No response.)
CHAIRMAN HENNING: Mr. Hamel?
MR. HAMEL: Thank you, Commissioner Henning and
Members of the Commission.
For the record, my name is Ron Hamel, and I am chairman of the
Rural Land Stewardship Area Review Committee, and it's really an
honor for me to be here this morning and represent the committee.
We have a couple of committee members here. I think it's Mr.
Cornell and Mr. McDaniel that are here. And I just wanted to reiterate
the fact that we at the committee level have been taking this process
extremely serious.
We know that we've got a good program, and it's been well
recognized throughout the state, and actually throughout the nation for
working to address a lot of the development issues that are related to
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May 27,2008
rural lands and to also trying to protect agriculture.
And I will say my real job is with the citrus industry as a
representative of agriculture, and trying to do things to enhance and
protect agriculture is a real challenge, and -- but we're going to do
what we can to try to come back under Phase II to address some of the
concerns that are related to the protection or preservation of
agriculture or sustainability of agriculture.
I think Mr. Greenwood kind of summed it up. The past few
months we've been diligently involved in going through the data and
background, and we are just now starting to get into Phase II where we
anticipate most of the discussion will go on looking at this program.
As many of you know, and I know our distinguished County
Manager has realized, that there are a lot of eyes looking at the
program statewide. And so our exercise is not strictly for this county
but also somewhat of the future of a lot of these Rural Land
Stewardship programs.
But I would just like to say that I really appreciate an honor to
serve on this, and I want to communicate on behalf of the committee
that we are appreciative to serve on your behalf and do what we can to
bring back to this group a program that will continue to keep our
program moving forward.
There is concern that if we're not careful through this process,
that the existing program as we know it could receive a lot of
comment. And we're concerned about that because we think we have
a good thing here and we want it to move forward, maybe a little
tweaking to address some of these concerns, but we certainly think
you all were very astute and smart in putting together a program like
this, and it's moving forward.
But that concludes my remarks. I felt obligated as a member of
the committee or chair to communicate on behalf of the committee on
this one.
COMMISSIONER FIALA: Mr. Hamel, before you leave,
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May 27, 2008
Commissioner Halas has something to ask.
COMMISSIONER HALAS: Yes, Ron. I want to commend you
and your group that was put together for addressing all the issues in
Phase I, and I hope you're as successful when you start working
through the process in Phase II.
As I read in some of my material that was given to me, looks like
you have a challenge in Phase II, but I think that your committee will
be able to address the concerns and hopefully address them in such a
manner that DCA won't come back and challenge us on it, so.
MR. HAMEL: That's putting --
COMMISSIONER HALAS: Good luck.
MR. HAMEL: -- a lot of pressure on us, Commissioner.
COMMISSIONER HALAS: Good luck to you.
MR. HAMEL: We -- you know, and sincerely, we do have a
public process here with this, and we've welcomed and had open
discussions in our committee that actually kind of changed our
agendas here and there in the past several months. But we're going to
do what we can to come back with something that we'll continue to be
proud of, and that's our goal and objective, and I appreciate those kind
of remarks, and --
COMMISSIONER HALAS: I just hope that there's something
that will come out of your work group in regards to addressing ago
land, that we can keep ago land as ago land. I believe that we're
considered the breadbasket of the world, and I'm very concerned about
the lands that are being turned over to development and there's got to
be some way to have an incentive program. Maybe it's got to be more
at a state level or national level, but we really have to address where
we're losing valuable ago land throughout the whole United States.
MR. HAMEL: Yes, sir. And, you know, in the -- very positive
thing happened this last legislative session under the Florida Forever
Act wherein Commissioner Bronson recognized that fact and has
actually put commitments of state funds to buy and protect some of
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May 27,2008
the development rights from -- on agricultural lands, bonified ago
lands.
So I think we're moving in the right direction, of course, the
foresight of this commission over the years to launch into the program
that we put together five years ago after, what, two and three years of
work, again, in a collaborative way.
So we're going to do everything to keep it intact and hopefully
don't throw the baby out with the bath water but do a few more things
to protect our agricultural property.
CHAIRMAN HENNING: We have some public speakers.
MS. FILSON: Mr. Hamel was the first public speaker, and the
second is Nancy Payton.
MS. PAYTON: Good morning. Nancy Payton representing the
Florida Wildlife Federation. And I came to endorse this Phase I report
and urge you to approve it and transmit it, excuse me, to DCA.
I did want to quickly draw attention to table 1 C, which is on page
5 of your report, because from Florida Wildlife's perspective, this says
it all about the success thus far of the program. And it's the summary
of RLSA designations with sending areas approved and pending.
And under the flow-way stewardship area, 64 percent of the
targeted flow-way areas are under stewardship easement or are
pending that easement.
And secondly, the habitat stewardship areas, 75 percent of those
lands targeted for protection as stewardship sending areas are already
designated or are in the process of being designated.
And also, we have 3,000 acres of open land, land that could
potentially have been a village, town or hamlet that has been
designated as a stewardship sending area, and that kind of
counterbalances the 4,000 acres of Ave Maria. So I do think from an
environmental perspective, I do believe that the program is a great
success.
I do want to comment on the current committee. They are hard
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workers. I'm impressed with what they've done. They are very open
in taking public comment. They did suggest a stakeholders group,
which we have met with Tom to try and more formalize or crystallize
our various nine pages of concerns. That's been a success. And I do
think that goes to the committee trying to engage as many people as
possible and to make the process go smoothly. Thank you.
CHAIRMAN HENNING: Thank you. Donna?
COMMISSIONER FIALA: I just want to say --
CHAIRMAN HENNING: Or Commissioner Fiala.
COMMISSIONER FIALA: I'm Donna. I'm so glad to hear that
report. That makes me feel really good about this. It feels good
anyway, but once you say it --
MS. PAYTON: Thank you.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, I'm sorry. Is there one
more speaker?
MS. FILSON: Mr. Hamel was the second speaker.
COMMISSIONER COLETTA: Okay. Yes, I'd like to make a
motion.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: There's a motion to approve staffs
recommendations --
COMMISSIONER COLETTA: I want to commend
Commissioner Halas for being a mind reader.
CHAIRMAN HENNING: -- by Commissioner Coletta, second
by Commissioner Halas.
I just have one question, Mr. Greenwood. It's not Kaloacoochee,
it's the Okaloacoochee Slough flow-way. That's not all protected now;
am I correct?
MR. GREENWOOD: Much of it is now and will be with the
pending SSAs once they're approved, the stewardship sending areas.
Most of the stewardship sending areas have occurred in the -- you
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May 27, 2008
know, I call it the OK Slough because I can't pronounce it, but also the
Camp Keais Strand. But that's where most of the stewardship sending
areas are.
CHAIRMAN HENNING: There's the landowner here, so he
corrected me.
Any further 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: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Thank you.
Item #6E
PUBLIC PETITION REQUEST BY MONICA FISH TO DISCUSS A
DUMPSTER ENCLOSURE AT THE IMMOKALEE FRIENDSHIP
HOUSE - MOTION TO BRING BACK ITEM ON CONSENT
AGENDA IF IT CAN BE DONE ADMINISTRA TIVEL Y -
APPROVED
MR. MUDD: Commissioner, that brings us back to public
petitions, and we left off at public petition 6E, and this is a petition
request by Monica Fish to discuss dumpster enclosures at the
Immokalee Friendship House.
CHAIRMAN HENNING: I'm going to make a motion that we
direct staff to bring back what the petitioner is asking us to do.
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May 27,2008
COMMISSIONER COLETTA: Thank you, Commissioner
Henning. You certainly saved a lot of time, and I'd second your
motion.
CHAIRMAN HENNING: Yeah. The board's going to vote
approving your petition to bring it back to --
COMMISSIONER COLETTA: Formal.
CHAIRMAN HENNING: --finalize it, or can we just give
direction to do that? You don't have to bring it back on this one? It's
just a dumpster, enclosing it with wooden fence instead of -- or is it a
deviation of the code or -- what do we need to do, Susan?
MS. ISTENES: Susan Istenes, Zoning Director. Actually, I just
wanted to suggest the opportunity to look at it with the petitioner
because I really just don't have enough information to just figure out
what's going on. There may be the opportunity to get a deviation from
the code through the review process.
CHAIRMAN HENNING: And that would have to come back to
the board?
MS. ISTENES: No, no. It's just administrative.
CHAIRMAN HENNING: Administrative deviation?
MS. ISTENES: Correct.
CHAIRMAN HENNING: Okay.
MR. MUDD: If that is, indeed, the case, then we'll bring an item
back. If that happens then we bring an item back to let you know on
the consent agenda that that's exactly what happened on this particular
petition.
CHAIRMAN HENNING: Okay.
MS. ISTENES: And if not you would bring it back as well, I
assume.
MR. MUDD: Then we'll bring it back on the regular agenda and
have the board discuss it.
CHAIRMAN HENNING: Okay. Do you want to state your
name for the record and your organization.
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May 27,2008
MS. FISH: Monica Fish. I'm the director at the Immokalee
Friendship House, the homeless shelter in Immokalee.
CHAIRMAN HENNING: 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: Opposed?
(No response.)
CHAIRMAN HENNING: Thank you.
MS. FISH: Thank you.
Item #6F
PUBLIC PETITION REQUEST BY DUSTIN TIDWELL TO
DISCUSS OFFICE FURNITURE BIDS - MOTION FOR THE
PRODUCTIVITY COMMITTEE AND THE PURCHASING
DEPARTMENT REVIEW AND BRING BACK TO THE BOARD
AT FUTURE MEETING - APPROVED
MR. MUDD: Commissioner, that brings us to our next public
petition. It's a request by Dustin Tidwell to discuss office furniture
bids.
MR. TIDWELL: Good morning, Mr. Chairman and fellow
commissioners. Thank you for letting me speak this morning. I've
prepared a binder. Unfortunately I was not able to get it to you before
the meeting. I didn't get these copies of the invoices until Thursday.
So everything that I'm going to be talking about is supported in this
binder, and I'd like to have one entered into the record.
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May 27, 2008
CHAIRMAN HENNING: You have one in the record.
MR. TIDWELL: Okay.
CHAIRMAN HENNING: You didn't have time to make copies
for all the commissioners?
MR. TIDWELL: I did. They're here.
On or about April 22, 2008, I received a call from Collier County
employee, Damon Gonzalez. He was returning the call I had made to
him requesting the opportunity to bid on the furniture business he
routinely contracts.
I informed Mr. Gonzalez that my company was chosen again this
year by the Collier County schools as their provider of administrative
office furniture. I went on to explain how my company was able to
get the schools end column GSA discounts saving them tens of
thousands of dollars.
I also stated that my company has never and will never charge for
design services and that competitive bidding has shown that our
installation costs are the best in the state.
I went on to explain that we are now the HON showcase dealer
and we have a newly remodeled showroom and design center less than
four miles from this government center. This location has all the
HON's furniture that is on state contract.
I also informed him of a new cubical system that we have that
sells for 15 to 20 percent less than other systems. Mr. Gonzalez
responded by saying, the county purchases Steelcase and Herman
Miller furniture and it is not interested in looking at anything else.
I reminded him again that I do not charge design services
knowing full well that the Steelcase dealer and the Herman Miller
charge $55 an hour for their services.
Mr. Gonzalez replied that he is satisfied with those two vendors
and that they're both Lee County companies, coincidentally. And
because he buys all of his state contracted, he would not be giving me
any projects to bid on. He also went on to say that even ifhe needed
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May 27,2008
to purchase HON furniture, he'd continue to buy it from those two
compames.
So, you know, because I was so quickly dismissed by Mr.
Gonzalez, I thought it prudent to petition this board. And the -- next
you have a report that I prepared that shows that for the calendar year
of2007, our invoices to Collier County schools totaled $564,913. Of
that total, only $37,833.05 was for labor and delivery, okay.
And I also included a copy of a buying contract that we were able
to set them up with that shows the discounts. But basically, if they
were to buy this chair before dealing with us, they would get 58.9
percent off. Now they get 65.7 percent off. So you can see, the
buying group -- the buying agreement that we set up for them saved
them considerably.
So instead of getting, you know, the entry level discount on state
contract, they get best discount all year regardless of the order size,
and that's also explained in there.
Another section of my report is the biggest part of that binder. I
requested one year's worth of invoices to the Steelcase dealership.
Because Mr. Gonzalez was so satisfied with their level of service, I
thought it prudent that I pull those invoices and see what kind of
pricing and services they had been getting.
And, you know, I was expecting to see unbeatable prices,
unmatchable service, and instances of heroic savings to the county,
but what I found was to the complete opposite.
And in the attached report you'll see a summary that shows that
Collier County spent $465,085.22 to actually own $364 -- $364,260
worth of furniture. The county spent 20,800 for design services that I
would provide for free.
The county spent 24 thousand -- oh, I'm sorry, $2,497 for fabric
coating, and many of these chairs come with fabric that's already stain
protected. The county also spent $7,175 for special order fabric. And
what that means is, you know, if you were to pick this chair right here,
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May 27,2008
for example, there's about 300 fabrics on it before you'd have to go
and pick something that was a special order.
So, you know, the county's spent an extra $7,000 for fancy
fabrics. And biggest of all, they spent $70,347 for labor charges. So
only 78 percent of that money that they spent with that State of
Florida contract vendor was for furniture, compared to the 93 percent
with Marco Office Supply.
I also included a comparison that I did. Of all the invoices I
received, only two of them had drawings that were attached to them,
so I was able to actually duplicate the drawing and provide, quote,
what it would cost had the county went with Marco Office Supply.
And if you total out those total invoices and the savings, there's
roughly a 30 percent savings. So it's fair for me to say that if the
county would have spent that $465,000 with Marco Office Supply, I
could have saved them $140,000.
And then I've also attached invoices that have to do with the
design services. There's examples of invoices where they were
charged design services for a storage cabinet. They were charged an
hour for design services. On one invoice they were charged design
services for a stool and a filing cabinet. On one invoice they were
charged for pedestals. Pedestals are the drawers inside a cubicle.
And, you know, there was one instance where the county was
charged 44 hours for this vendor to provide a quote and a drawing for
an order that they later got.
So basically what I found in auditing those invoices is it's the
county's practice to pay for quotes. So I think that's something that
you might want to know.
With regards to the biggest that I saw was -- there was one
invoice where the county was billed 23 hours to design a lobby. Now,
I'm sure many of you have walked through a lobby. Anywhere that
there's a walkway, you put a chair. I don't think that, you know, it
would require 23 hours of anybody's time to put a design like that
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May 27,2008
together.
COMMISSIONER FIALA: Especially when somebody's going
to move them.
MR. TIDWELL: So basically what -- it's our opinion, if the
county would have put these jobs out for bid instead of going on with
the state contract vendor, they would have not been charged design
fees. It's my opinion that OFDC, the Steelcase dealer, is using design
services as a profit center at the county's expense.
I also went on to highlight the $7,000 worth of special order
fabric, most of it being used in the facility management department for
their panels. On one invoice -- on two invoices, I'm sorry, they spent
45 -- 4,527 for fancy fabric to cover their panels, and on a second
invoice, they spend another $2,495 to use the same fabric on some
panels again.
And then on another invoice, purchasing department, they spent
-- it doesn't -- I don't have that broken out. Within the lobby of the
new purchasing department, they have some lobby chairs. They have
seven of them. Because of the special order fabric that they put on
those lobby chairs, it brought the cost of each lobby chair to $863, for
a -- for one lobby chair.
So -- and they also spent $2,497 on fabric coating. I attached an
example in that binder of a couple of the fabrics on the back of the
fabric samples that says that this fabric, you know, is protected with
stain and fabric protection, you know.
And then the county also -- I also broke down the $70,000 worth
of delivery and labor charges, because what I found was a common
practice is that many of these invoices were going to the same place.
So instead of breaking -- instead of putting them all on one invoice
and charging one delivery fee, they would break them out over several
invoices and charge a delivery fee on each invoice even though the
product was delivered and stamped received on the invoice the same
day.
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May 27,2008
So I mean, you know -- so please spend a few minutes and revisit
those summaries and the summary report I did of each invoice. I've
run out of time here.
But there's one invoice that I want to pay particular example (sic)
to. It's the most recent invoice. It's the purchase for the purchasing
department. Mr. Carnell was here earlier, and he spoke about how,
you know, getting competition makes his heart feel better, or
something to that. Well, for his own office, he didn't get a competitive
bid. He went with the state contract vendor.
He spent $12,271 furnishing his own office, and that includes a
$670 chair that he's sitting in. That also includes the $4,600
conference table that they have.
Another invoice that I'd like to point out -- well, the gist of it is is
that they spent over $100,000 on furniture, and I've done entire
schools for that.
But there is one more invoice that I must point out. Invoice
number 18373. This is for a glass reception desk that was on display
in the OFDC showroom in Fort Myers. Collier County paid $10,138
for this reception desk, bought it, had it delivered to a showroom -- to
a storage room where it's been collecting dust since September 25,
2007.
And I put a picture of that reception desk in there so that you
could see what a $10,000 reception desk might look like.
But in closing, you know, we would like to ask that the Collier
County Commissioners instruct Mr. Mudd, the County Manager, to
make all bids and furniture purchases available to Marco Office
Supply for competitive bid and that the county looks into the selling
practices of OFDC, the current furniture vendor, and possibly suspend
them.
I believe I'm out of time.
CHAIRMAN HENNING: Dumfounded for words. Shocked.
Commissioner Coletta?
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May 27,2008
COMMISSIONER COLETTA: Commissioner Henning, you
know, this is an awful lot of material to digest in just a few minutes. I
mean, to hand us a book --
MR. TIDWELL: I'm sorry.
COMMISSIONER COLETTA: No. I'm not -- that's all right. I
understand. You're -- and if everything you said is absolutely true,
then there's definitely something we have to do to correct it. I don't
know if everything that you said is absolutely correct.
What I'd like to do, rather than get into a long discussion with our
purchasing department and going through a whole array of questions, I
think this is an item we need to bring back, and if we -- at that point in
time if we have questions, I suggest we put it out to an independent
committee to be able to research it. And I'm not too sure if that would
be the County Attorney. He's shaking his head no.
CHAIRMAN HENNING: Why don't you give it to the
Productivity Committee?
COMMISSIONER COLETTA: That -- I love that idea. In fact,
I would make that recommendation, that we go directly to the
Productivity Committee and have them sort this out and then bring it
back to the Collier County Commission. That's a great suggestion,
Commissioner Henning.
CHAIRMAN HENNING: Is that a form of a motion to --
COMMISSIONER COLETTA: That's the form ofa motion.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: -- to ask the Productivity Committee
to take a look at this document, have a presentation by the gentleman
and a purchasing staff, correct?
COMMISSIONER COLETTA: Yes. And if I may make one
suggestion. You went to a considerable expense to produce this. I
would -- and of course now this is public record and we do have one
copy that's already here. I would make a suggestion we return it to the
petitioner and that they have these for the Productivity Committee,
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May 27,2008
and that will save duplicating all the records.
MR. TIDWELL: Oh, I have a trunk full of them.
COMMISSIONER COLETTA: You are prepared.
MR. TIDWELL: Yeah. We think it's alarming information, sir.
I mean, if you read over it -- I'm not the first person to come up here
today and say, these are tough times. You know, you have -- it's the
common practice of Collier County purchasing to buy $555 chairs.
The county bought 53 Steelcase leaf chairs at a cost $55 a chair, and
that $55 (sic) includes the $50 per chair that that vendor was charging
to have them delivered.
There's also an invoice in there where I sold furniture to the
Ochopee Fire Department in February of this year. I set up an entire
office, U-shape desk, hutch, filing cabinets, chair, I charged them
$245 to deliver it. I thought that was fair. Well, at the same time, the
same month -- and the invoice is included in here -- OFDC delivered
13 chairs and charged them $550 to deliver them.
COMMISSIONER COLETTA: Whoa.
MR. TIDWELL: And this is -- this is -- this is, you know, a
vendor that they're thrilled with, that they won't even let me quote.
How is that right?
CHAIRMAN HENNING: Can I go to Commissioner Halas?
Are you through?
COMMISSIONER COLETTA: Oh, yes. Thank you,
Commissioner Henning, for asking. I'm fine.
CHAIRMAN HENNING: Okay. Commissioner Halas?
COMMISSIONER HALAS: Can someone explain the $10,000
table, and it's in storage?
MR. CAMP: For the record, Skip Camp. I have no idea what
he's talking about. I have not seen any of this information at all. We
have no idea.
COMMISSIONER HALAS: Okay. All right.
MR. TIDWELL: I can give him the invoice number.
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May 27, 2008
COMMISSIONER HALAS: Well--
CHAIRMAN HENNING: I think we'll get to the bottom of it.
So we're going to get it -- send this to the Productivity Committee and
then get a report by the Productivity Committee and their
recommendations.
COMMISSIONER COLETTA: Could we give them
recommendations that they try to give this some sort of priority and fit
it in --
MR. TIDWELL: Sorry.
CHAIRMAN HENNING: That's all right. Yeah, I think that's --
ask them to review it at their next meeting, if possible.
MR. TIDWELL: Well, I also have to point out, I was given all
these invoices late in the day Thursday, so as you can imagine, I spent
the last four days doing this.
In my report I did make reference to finance department. That
was wrong. It's the purchasing department. On the invoices that said
finance department, I assumed that was purchasing department, so I
need to make note of that. You guys can make note of any that, that
any reference in my report to finance department needs to actually be
purchasing department. That was just, you know, an error in my haste
to get all this together for today's meeting.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER FIALA: Did a lot of work.
COMMISSIONER HALAS: Yeah. I appreciate you bringing
forward this, but I wished it was -- we had this information --
MR. TIDWELL: I'm sorry. I just got this stuff Thursday.
COMMISSIONER HALAS: But there's always -- I always find
there's two sides to every story.
MR. TIDWELL: Right.
COMMISSIONER HALAS: So I'm waiting to get the other side
of the story.
CHAIRMAN HENNING: Okay. There's a motion and second
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May 27, 2008
on the floor.
All in favor of the motion, signify by saying 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. TIDWELL: Thank you.
CHAIRMAN HENNING: Sir, if you would go down to the next
floor down, give a card to Mike Sheffield. He is the liaison for the
Productivity Committee. And I think that's all we have to do, right?
MR. TIDWELL: Well, is the board going to do anything with
regards to the furniture bids being made available to me starting
today? As you guys could imagine, there's 110 million -- $110
million worth of construction projects underway right now in the
county that are going to require furniture, and right now this is the
only vendor that the county's using. So I think that the board needs to
take immediate action to stop its current purchasing policy and make
them available to -- if not me, at least some other vendors. Right now
today, deals might be brokered.
CHAIRMAN HENNING: I think we're shocked by the
information, but we don't know if the information is true. Like
Commissioner Halas said, there's two sides to the story. We're asking
the Productivity Committee to take a look at this information and give
recommendations to the Board of Commissioners.
COMMISSIONER FIALA: Is there a way that we can prolong
any purchasing of office equipment from the same vendor until we --
or to open it up to all vendors rather than just limiting it to one? And
then, of course, designing the bid process so that it doesn't exclude
everybody but one?
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May 27, 2008
MR. CAMP: Again, for the record, Skip Camp. First of all, we
use two different vendors, not just one. We use the two that were
recommended by an independent consultant years ago. We're not
going to be making any major -- any major purchases on furniture for
a while, so we can delay.
CHAIRMAN HENNING: So the answer to the question is, yes,
they can delay any further purchases.
COMMISSIONER FIALA: Okay, thank you.
MR. TIDWELL: Also I'd like to point out that for the last 11
months there are no furniture purchases to any other companies except
OFDC, for the last 11 months.
CHAIRMAN HENNING: Great, thank you.
COMMISSIONER FIALA: Yeah. I can see that in this report.
CHAIRMAN HENNING: We're going to take a lunch break.
An hour, be back at one o'clock.
COMMISSIONER HALAS: Do we have to vote on this or --
CHAIRMAN HENNING: Oh, I thought we did. Didn't we vote?
COMMISSIONER COLETTA: I don't believe we did.
MR. MUDD: No, you did. I've got approved 4-0.
COMMISSIONER HALAS: Oh, okay. All right.
COMMISSIONER COLETTA: Talking about short memories,
huh? Including me.
CHAIRMAN HENNING: Yeah, an hour and one minute. We'll
be back at one o'clock. Thank you.
(A luncheon recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
Item #8A
ORDINANCE 2008-26 FOR THE DISSOLUTION OF COPPER
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May 27,2008
COVE COMMUNITY DEVELOPMENT DISTRICT (CDD)
PURSUANT TO SECTION 190.046 (9), FLORIDA STATUTES
- ADOPTED
CHAIRMAN HENNING: First item is 8A, a recommendation to
consider the dilution (sic) of the Copper Cove Community DCC.
COMMISSIONER FIALA: I make a --
COMMISSIONER COLETTA: Motion.
COMMISSIONER FIALA: -- motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: Is there any speakers?
COMMISSIONER FIALA: Nice tie.
CHAIRMAN HENNING: Discussion on the --
MS. FILSON: No, sir. No speakers.
CHAIRMAN HENNING: 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: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Item #8B
ORDINANCE 2008-27: AN ORDINANCE AMENDING
ORDINANCE NO. 75-04, WHICH CREATED THE GOLDEN
GATE MUNICIPAL SERVICES DISTRICT, IN ORDER TO
ESTABLISH A NAME FOR THE ADVISORY BOARD
Page 1 00
May 27,2008
APPOINTED BY THE DISTRICTS GOVERNING BOARD,
EXTEND THE TERMS OF THE ADVISORY BOARD
APPOINTMENTS, ADD A NEW ADVISORY BOARD
ALTERNATE MEMBER POSITION, AND CORRECT MINOR
TYPOGRAPHICAL ERRORS - ADOPTED W /CHANGES
MR. MUDD: Commissioner, next item is 8B, and that was
brought -- you asked for those particular items to be pulled to the
regular agenda. It used to be 17B.
It's a recommendation that the Board of County Commissioners
adopt an ordinance amending ordinance number 75-04 which created
the Golden Gate Municipal Service District in order to establish a
name for the advisory board appointed by the district's governing
board, extend the terms of the advisory board appointments, add a new
advisory board alternate member position, and correct minor
typographical errors.
Now, this also has a companion item which you also asked to be
moved to the regular agenda, and that's -- used to be 16K4, now 12B,
and that is a recommendation that the Board of County
Commissioners adopts a resolution approving the revised guidelines
and rules governing the Golden Gate Community Center Advisory
Committee.
CHAIRMAN HENNING: Right. Let me talk about the
ordinance first, and it also refers to it in the resolution.
On page 2 of 3 it calls for the alternate position. The only
problem with it is we've been having a hard time fulfilling the
positions that we have now, so I'm afraid if we ask for an alternate that
we'll continually advertise it until somebody does step up.
Mr. Klug, the chairman of that advisory board, the community
center advisory board, is here. And before we vote it, we ought to
hear from him.
Commissioner Halas?
Page 10 1
May 27, 2008
COMMISSIONER HALAS: Yeah. One question I have, is the
alternate going to vote every time that that alternate is at the meeting,
or is the alternate only going to vote when there's an absent person on
the committee?
CHAIRMAN HENNING: It's only when a member is not
available.
COMMISSIONER HALAS: That that alternate would have the
voting privilege; is that correct?
CHAIRMAN HENNING: Correct.
COMMISSIONER HALAS: Okay.
CHAIRMAN HENNING: The other thing is -- I should have
marked that. The -- some of the references in here is inconsistent with
our policy 2001-55. Can we go to the item 10 -- what is it?
MR. MUDD: It's 16 -- in your book it's 16K4, now it's 12B.
CHAIRMAN HENNING: And on page 6 of 15, if an advisory
board member misses two consecutive meetings without prior
approval, he or she shall be considered terminated from the advisory
board. That's not consistent with our policy now. And Sue, what's the
MS. FILSON: The other one is on the same page and it's down,
B. It says, request for prolonged absences, meaning more than three
consecutive absences, must be approved by the Board of County
Commissioners.
CHAIRMAN HENNING: Right.
MS. FILSON: Which also is not practiced with all the other
committees.
CHAIRMAN HENNING: Yeah. So if somebody goes on
vacation or is ill or something like that, we have to approve their
absences. That's the only comment that I have.
But before we take any action, if we could hear from Mr. Klug.
Commissioner Halas?
COMMISSIONER HALAS: Yes. In case of that nature, if the
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May 27,2008
person knows that he's scheduled to go on vacation or whatever else, I
would think that he would automatically contact the board to get an
excused absence, and I think there shouldn't be a problem under that
as long as they're excused absences.
MS. FILSON: And that's the way it's practiced with the other
committees.
CHAIRMAN HENNING: Right. But here they have to come to
the Board of County Commissioners and ask approval. Can we call
up the public speaker?
MS. FILSON: I don't have a public speaker.
CHAIRMAN HENNING: Mr. Klug, if you would indulge me.
Come up to the microphone, please, and state your name for the
record.
MR. KLUG: Yes. My name is Jim Klug. I'm a -- the chairman
of the Golden Gate Community Center Advisory Committee.
And the reason we put this before the board was because it hadn't
been revised in a long, long time. And as a matter of fact, an attempt
was made to revise it before my time. And we discovered that it was
never brought before the board. So we went through the -- through the
thing and made the changes that we thought should be made.
Now, I've got a short memory, but what was the first thing that
was brought up?
CHAIRMAN HENNING: First thing, Jim, was my concern
about the alternate position.
MR. KLUG: Okay. The reason we decide -- we wanted to
suggest that was because, as Commissioner Henning knows, we have
had a board there for quite some time that has been with the same
people, and that mainly has been because, I guess -- part of it has been
because there haven't been other applicants; however, the last time we
did have a -- I believe we had two seats up for -- available. It was
Kaydee Tuffs and mine, and there were three applicants, Kaydee
Tuff, me, and another person.
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May 27,2008
And the board decided that -- recommended, and the -- I keep on
calling it the board. The committee recommended to the board here
that the two incumbents continue and you approved that; however, we
thought that it might be -- since there was another person available, it
might be prudent to have an alternate so that that person could come
aboard and, number one, understand what was going on with the
committee and, number two, stand in for the committee if somebody --
stand if for a person in the committee if somebody wasn't available.
We thought that might make it easier to have a quorum, and we
just thought it would be more productive, make it more productive.
That was the reason we did that. Okay.
I don't think there was a strong opinion one way or the other, but
we just thought that that would be a good way to introduce the person
to the workings of the board and the Golden Gate Community Center.
So we suggested that.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Do you have a -- excuse me, I'm
sorry. Do you have a problem meeting your quorum?
MR. KLUG: We have had at some points, particularly in the
summer. We'll get into that a little bit further on. But I, for instance,
had been, until the gas prices went up, a -- although I'm a full-time
resident here, I have an RV and I spent quite a bit of time traveling
during the summer and wasn't here a lot of the times during the
summer. And during the summer we did have some, not
insurmountable, but some problems. We had to call around and make
sure everybody got -- we had at least three people out of the five year.
COMMISSIONER HALAS: Okay. That was my next question.
So you have five people presently on the committee.
MR. KLUG: Right.
COMMISSIONER HALAS: And you have a problem in the
summertime meeting the number of people there to make a quorum?
MR. KLUG: Yeah, not insurmountable. It's just -- we thought it
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May 27,2008
would make it easier, that's all.
COMMISSIONER HALAS: Okay. And it's my understanding
from the discussion that Commissioner Henning and I had up here that
this person would sit there and would only vote in the case that one of
the people was absent.
MR. KLUG: That was our intent, yes.
COMMISSIONER HALAS: Okay.
MR. KLUG: Now, the second one was the terms?
CHAIRMAN HENNING: No, it was the inconsistent with our
existing policy governing advisory boards, and that would be an
automatic dismissal if you miss two.
MR. KLUG: I don't remember that.
CHAIRMAN HENNING: And also that more than three
absences would have to be excused by the Board of Commissioners.
MR. KLUG: Yeah, that one I do remember. I don't remember
the two. I don't -- that was not discussed at -- I don't remember the
discussion on the second point.
On the third one, what we wanted to do was we thought -- we
thought -- first of all, I was -- I got some misinformation because last
year, for instance, I was out for three months and was told that we had
to get an excused (sic) by this board and wrote a letter and gave it to a
member of the county and then was told that upon further research, we
didn't need to do that and they gave it back to me. So now I find out
that I guess I did need to do that. I was out for three consecutive
meetings.
But anyway, we found out that we were supposed to do that and
we said, well, gee whiz, that seems a little -- I don't want to get
disrespectful here, but a little too much detail for the Board of County
Commissioners to get into.
CHAIRMAN HENNING: That's where we're going to move it,
Mr. Klug, remove it. I'm going to make a motion to approve the
ordinance with the amendment or removing the alternate.
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May 27, 2008
MR. KLUG: Okay, okay.
COMMISSIONER FIALA: Okay. And I'll second the motion.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Is that also -- Commissioner, in
your motion, does that include changing the terms of the advisory
board members from two years to three years?
CHAIRMAN HENNING: That's part of the change of the
ordinance.
COMMISSIONER HALAS: Okay.
CHAIRMAN HENNING: The only thing that I'm changing on
the ordinance is approving as is except for the alternate.
COMMISSIONER HALAS: Okay.
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?
(No response.)
CHAIRMAN HENNING: Motion carries. Should we hear this
other one now or just take action?
Item #12B
RESOLUTION 2008-154: A RESOLUTION APPROVING THE
REVISED GUIDELINES AND RULES GOVERNING THE
GOLDEN GATE COMMUNITY CENTER ADVISORY
COMMITTEE - ADOPTED W /CHANGES
MR. MUDD: Yes, sir, while it's still fresh at hand.
CHAIRMAN HENNING: I'm going to make a motion to
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May 27, 2008
approve with the exception it shall abide by our present ordinance,
2001-55.
MS. FILSON: Yes.
CHAIRMAN HENNING: Is that correct?
MS. FILSON: Yes, sir.
CHAIRMAN HENNING: So the other stuff would
automatically go away, those other two issues.
MS. FILSON: And so you're going to remove those other two
issues from the guidelines?
CHAIRMAN HENNING: Correct.
Is there a second to the motion?
COMMISSIONER FIALA: Second the motion.
CHAIRMAN HENNING: Second by Commissioner Fiala.
Discussion?
(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: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. MUDD: Okay, Commissioner. And the one you just voted
on, just for clarity for the record, was item 12B, which used to be
16K4.
CHAIRMAN HENNING: And 10 -- what was that?
MR. MUDD: The first motion was 8B, and that was to modify
the ordinance to approve as is, minus the alternative, and then the
second vote was on item 12B, which used to be 16K4, for clarification
on the resolution.
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May 27, 2008
CHAIRMAN HENNING: Right, good.
Thank you, Mr. Klug.
MR. KLUG: Thank you.
Item #9 A
RESOLUTION 2008-155: APPOINTING BRAD SCHIFFER AND
CHRISTINE JONES; APPOINTING CHRISTOPHER SPENCER
AS AN ALTERNATE AND CONFIRMING THE 7 MEMBER
APPOINTMENTS TO THE AFFORDABLE HOUSING
ADVISORY COMMITTEE - ADOPTED
MR. MUDD: Commissioner, that brings us to item 9A, and
that's appointment of members to the Affordable Housing Advisory
Committee.
COMMISSIONER FIALA: I make a motion to approve the
committee recommendation of Christine Jones and Brad Schiffer.
MS. FILSON: And in addition to that, you can also appoint the
alternate, which is vacant, and that would be between Christopher
Spencer or Juan Alvarez.
COMMISSIONER HALAS: I'd like to make a motion for
Christopher Spencer to be the alternate.
CHAIRMAN HENNING: Well, we already have a motion on
the floor unless you want to --
COMMISSIONER FIALA: I'll add that to my motion then, for
Christopher Spencer, okay.
CHAIRMAN HENNING: And are you seconding
Commissioner Fiala's motion?
COMMISSIONER HALAS: I'll second that, yes.
CHAIRMAN HENNING: Okay. Now does that fit the state
statute?
MS. FILSON: Yes. Yes, sir. I've worked with Marcy Krumbine
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May 27,2008
on this.
CHAIRMAN HENNING: Okay. So there's a motion to appoint
Brad Schiffer and Christine Jones, and the alternate is Chris Spencer.
COMMISSIONER FIALA: Yes.
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?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
MS. FILSON: And just for your information, there are two
additional members to be appointed to this committee, and the City of
Naples will be making those appointments.
Item #9B
RESOLUTION 2008-156: APPOINTING JOHN WEBER TO THE
RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE-
ADOPTED
CHAIRMAN HENNING: Next item is appointing members to
the Radio Road Beautification Advisory Committee.
MR. MUDD: Yes, sir.
CHAIRMAN HENNING: Make a motion that we appoint John
Weber.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
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May 27, 2008
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries.
Item #9C
RESOLUTION 2008-157: RE-APPOINTING BARBARA-MINCH
ROSENBERG (WITH ONL Y 1 ABSENCE IN 8 YEARS) TO THE
EDUCATIONAL FACILITIES AUTHORITY - ADOPTED
MR. MUDD: Next item is 9C, appointment of a member to the
Educational Facilities Authority.
COMMISSIONER FIALA: Recommendation to -- or motion to
recommend -- to appoint Barbara Minch Rosenberg.
CHAIRMAN HENNING: Motion by Commissioner Fiala.
Second by --
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: -- Commissioner Halas.
COMMISSIONER HALAS: Okay.
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: And opposed?
COMMISSIONER FIALA: I'd like to just comment. In the last
eight years, she's only missed one meeting. Wow, that is outstanding.
I guess she really wants to be a part of that committee. That's cool.
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May 27, 2008
Item #9D
RESOLUTION 2008-158: APPOINTING BILL NEAL TO THE
BA YSHORE/GA TEW A Y TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD - ADOPTED
MR. MUDD: Commissioner, next item is 9D, appointment of a
member to the Bayshore/Gateway Triangle Local Redevelopment
Agency Advisory Board.
COMMISSIONER FIALA: Recommendation to appoint Bill
Neal.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Motion to appoint Bill Neal, and
second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Item #9E
RESOLUTION 2008-159: APPOINTING MARIO VALLE TO THE
DEVELOPMENT SERVICES ADVISORY COMMITTEE -
ADOPTED
MR. MUDD: Next item is 9E, appointment of a member to the
Development Services Advisory Committee.
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May 27, 2008
COMMISSIONER COLETTA: Motion to appoint Mario Valle.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Well, wait a minute. Wait. As a
secondary selection?
COMMISSIONER COLETTA: No, no, as the primary.
CHAIRMAN HENNING: Oh. Committee's recommendation is
Reid Schermer.
COMMISSIONER COLETTA: No, I see that.
CHAIRMAN HENNING: Okay.
COMMISSIONER COLETTA: And I want to point out that
District 3 already has five members on this board, while District 5
only has two members.
CHAIRMAN HENNING: There's a motion and a second on the
floor. All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
Aye.
MS. FILSON: Who made the motion?
CHAIRMAN HENNING: Commissioner Coletta.
MS. FILSON: And the second?
CHAIRMAN HENNING: Second, Commissioner Fiala.
MS. FILSON: Thank you.
Item #9F
RESOLUTION 2008-160: RESOLUTION PERTAINING TO THE
PROPOSED "RIVER OF GRASS GREENWAY" AND
PRELIMINARY ALTERNATIVES FOR NON-MOTORIZED
TRANSPORTATION ACCESS, INCREASED AWARENESS AND
SUPPORT FOR THE PRESERVATION OF THE EVERGLADES-
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May 27,2008
ADOPTED
MR. MUDD: Commissioner, the next item on the agenda is item
is 9F. It's a recommendation to adopt a resolution pertaining to the
proposed River of Grass Greenway and preliminary alternatives for
non-motorized transportation access and increased awareness and
support for the preservation of the Everglades. This is an item by
Commissioner Coletta.
COMMISSIONER COLETTA: Yes, and I really appreciate
being able to get this in front of you, and of course, this is just the first
step to a long road to be able to get there.
The River of Grass Greenway will in no way impede other uses
that are taking place out in the Everglades and along 41. People that
are currently accessing public land for other purposes will still have
that right to do that.
This is one more way to assure the public's access to our public
lands, allowing our residents and visitors to be able to enjoy the
wonders of nature in a non-obtrusive way. Biking and hiking are
becoming more and more popular. This proposed amenity will benefit
not only residents but those for generations to come.
And if we don't have any speakers, I'd like to make a motion for
approval.
COMMISSIONER FIALA: (Nonverbal response.)
MS. FILSON: I have two speakers.
CHAIRMAN HENNING: Motion by Commissioner Coletta,
and there's a second by Commissioner Fiala.
Speakers?
MS. FILSON: Yes, sir, I have two speakers. Shannon Chesser.
CHAIRMAN HENNING: She's not here.
MS. FILSON: Maureen Bonness?
CHAIRMAN HENNING: She's not here.
COMMISSIONER COLETTA: Not here.
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May 27, 2008
CHAIRMAN HENNING: Commissioner Halas has a question.
COMMISSIONER HALAS: I understand where you're going
with this, Commissioner Coletta. I think it's a very worthy thing. My
concern is, how are we going to enforce non-motorized vehicles?
COMMISSIONER COLETTA: I'm glad you asked that. I've
been familiar with these particular greenways --
COMMISSIONER HALAS: Motorized vehicles.
COMMISSIONER COLETTA: That's correct. In other words,
how are we going to be able to maintain this for the public's use to
make sure motorized vehicles do not end up on this green-way.
COMMISSIONER HALAS: Yes.
COMMISSIONER COLETTA: And that's very simple. They do
it throughout the whole country, and what they do is they put these
barriers in round tubes that go into the ground that are spaced out so
that you cannot drive a motor vehicle; however, with that said, they
also have the ability to be able to unlock them to be able to remove
them so you can get in there to be able to service the road when
necessary.
COMMISSIONER HALAS: Okay. So this is basically going to
be for hiking and bicycling; is that correct?
COMMISSIONER COLETTA: That's correct.
COMMISSIONER HALAS: And motorcycles, et cetera, won't
be allowed to use that?
COMMISSIONER COLETTA: No, no. It won't be compatible
with that particular use.
COMMISSIONER HALAS: My -- like I said, my only concern
is, how are we going to be able to enforce that with motorcycles since
you can use bicycles and stuff and A TV s?
COMMISSIONER COLETTA: Sure. And I can understand
your concern. Once again, this is -- this particular pathways -- and
I've been on them throughout the whole country all the way from
Massachusetts, Pennsylvania, out west, and I've seen these pathways
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May 27, 2008
in action, and they very effectively maintain them just for that
particular use by the way they place the barriers.
COMMISSIONER HALAS: Okay.
CHAIRMAN HENNING: Okay. Commissioner Fiala?
COMMISSIONER FIALA: I'd just like to comment that the
greenway in Ohio has horse and buggies on it. It really does.
COMMISSIONER COLETTA: I guess that would be
non-motorized. Of course --
CHAIRMAN HENNING: Would that be one-horse or two-horse
engines?
COMMISSIONER FIALA: Both.
COMMISSIONER COLETTA: But you'd have to put diapers on
the horses, I would assume, because I don't think the hikers want to
step in it.
COMMISSIONER FIALA: Then the diapers slip. Excuse me. I
just had to add a little levity.
CHAIRMAN HENNING: Commissioner Coletta, I did some
research on this greenway, and just want to commend you and thank
you for bringing it forward.
COMMISSIONER COLETTA: Well, thank you very much,
Commissioner Henning.
CHAIRMAN HENNING: No further discussion, all in favor of
the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Item #10C
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May 27, 2008
RESOLUTION 2008-161: SUPPORTING THE NATIONAL
STRATEGIC IMPORTANCE OF MAINTAINING SPACEFLIGHT
EXPERTISE AT THE KENNEDY SPACE CENTER IN THE
STATE OF FLORIDA AND ENSURING THAT FUTURE CREW
AND CARGO MISSIONS TO THE INTERNATIONAL SPACE
STATION USE DOMESTIC CAPABILITIES - ADOPTED
MR. MUDD: Commissioner, next item on your agenda is a time
certain item at two p.m., so we're going to wait about 40 minutes.
Next item is 10C, and this is a recommendation to approve a
resolution supporting the national strategic importance of maintaining
space flight expertise at the Kennedy Space Center in the State of
Florida and ensuring that future crew and cargo missions to the
International Space Station use domestic capabilities, and this item is
my item on the agenda. It was basically a request from Brevard
County to Commissioner Fiala to basically support a resolution to try
to maintain jobs, some 4,000 in the State of Florida.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Coletta.
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?
(No response.)
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May 27,2008
CHAIRMAN HENNING: Carries unanimously.
MR. MUDD: Commissioner, just a point of clarification on 10C.
The last meeting when I brought this up during communication, there
was some conversation, communication, amongst the commissioners
to make sure that there were no unforeseen or unanticipated
consequences from the resolution. This is just straightforward
resolution trying to maintain jobs in the State of Florida. We could
find no second meaning to -- or unanticipated meaning to this
particular resolution.
COMMISSIONER FIALA: And I appreciated all the work that
you went to -- or went through to get all of the answers that we needed
to make this decision. Thank you for that.
COMMISSIONER HALAS: Is there any -- was there any
discussion or second guessing by the State of Florida and State of
Texas in regards to who was going to hold the jobs?
MR. MUDD: No, sir. I think there's some concern in both
states, basically to Johnson Space Center and the Kennedy Space
Center and how jobs are going to get maintained as the space shuttle
program starts to --
COMMISSIONER HALAS: Winding down.
MR. MUDD: -- wind down, and before the new program kicks
in in 2012/2013. I believe that the State of Florida's -- I believe the
State of Florida's intent and their wellness is basically carried very
well by Senator Nelson, who's the chairman of the NASA committee
and the Senate. He is a former astronaut. He knows the program and
he knows how important it is to the state. So I think we're in good
hands.
COMMISSIONER HALAS: Okay. Thank you.
Item #10D
A BUDGET AMENDMENT REDUCING BUDGETED
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May 27,2008
REVENUES IN THE GENERAL FUND (001) FOR FISCAL YEAR
2008 IN THE AMOUNT OF $6.752.500 - APPROVED
MR. MUDD: Commissioner, that brings us to our next item,
which is 10D, and it's a recommendation to approve a budget
amendment reducing budget revenues in the general fund, 001, for
fiscal year 2008 in the amount of $6,752,500. Mr. John Yonkosky,
your Director of the Office of Management and Budget, will present.
MR. YONKOSKY: Good afternoon, Commissioners. My name
is John Yonkosky, for the record.
Agenda item 10D is, as the County Manager just said, it's a
recommendation for the board to approve a budget amendment that
revises two of your general fund reviews. The first one is a sales tax
revenue, and the budget -- the recommendation is to reduce your sales
revenues from 35.7 to 30.4 million.
The second revenue item is revenue sharing, and the budget
amendment recommends reducing your revenue sharing budget in the
general fund from 9.489 million to 8.037 million, a $1.452 million
reduction.
The state-shared revenues, as explained in the executive
summary and a lot of discussion, is down. The state revenue is down.
The state approved a budget that was about $4 billion below its budget
for this year for next year.
The state, since the beginning of this year, has revised its
estimate for state-shared revenues, sales tax, and revenue sharing
downward. The first revision came in March -- or the first revision
came in December, the second revision was in March.
Last month the estimate in March for your March revenues was
down. The actual revenues were down 3.8 percent for sales tax, and
they were down 3.1 percent for -- in April.
So the revenues are continuing to come down. The composition
of the state-shared revenue sharing is 3 percent cigarette tax and 97
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May 27,2008
percent sales tax. There's a direct correlation between the two.
And then I also wanted to give you a brief update on the ad
valorem receipts. The first two months of the year ad valorem taxes
came in a little bit above the -- what our budget projections were. The
last few months they've come in below what our budget projections
are.
There is going to be a tax certificate sale at the end of this month.
That certificate -- the number of certificates or parcels that are on there
is in excess of 13,000 certificates. In prior years it's been in --
approximately $8,000 in certificates.
The tax department, tax collectors department, thinks that they'll
probably be able to sell most of those certificates, so we're not going
to make a recommendation on ad valorem taxes right now. We're just
making the recommendation on reducing sales tax, revenue sharing.
And if it warrants it, we'll come back to you at the end of next month
with a recommendation on ad valorem.
Basically that is my presentation.
COMMISSIONER HALAS: Motion to approve the budget
amendment.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Halas,
second by Commissioner Fiala.
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: Opposed?
(No response.)
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May 27, 2008
CHAIRMAN HENNING: Carries unanimously.
MR. YONKOSKY: Thank you, Commissioners.
Item #10E - Continued to later in the meeting
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS PLACE A SCHOOL BOARD REFERENDUM
ON THE AUGUSUT 26, 2008 PRIMARY ELECTION BALLOT -
MOTION TO CONTINUE TO THE JUNE 10, 2008 BCC MEETING
FOR FURTHER DISCUSSION - APPROVED
MR. MUDD: Commissioner, the next item is a recommendation
that the Board of County Commissioners place a school board
referendum on the August 26 Primary Election Ballot. Again, this is
my item.
Commissioners, what I'm about ready to pass out is a resolution.
What we received from the school -- what we received from the
school board is 84 -- 84 words. There is a requirement that the
wordage be 75 words.
The County Attorney has been quite diligent trying to make
contact with the school attorney in this matter and has been able to
make contact in this particular item.
To be on the safe side, we are asking that the board approve this
resolution and move the particular item forward to the Supervisor of
Elections.
And I'm going to read the resolution just because it's not in your
packet at the board's pleasure. It's basically a resolution by the Board
of Collier County Commissioners of Collier County, Florida, directing
the Collier County Supervisor of Elections to take appropriate action
with respect to Collier County school district's May 15, 2008,
resolution number 08-05, which seeks to place a millage referendum
on the August 26, 2008, ballot for the scheduled primary election.
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May 27,2008
Whereas, on May 15,2008, the Collier County School District
approved and adopted resolution 08-05, the resolution, and it's in your
packet, pursuant to Florida State Statutes 1011.73(2), which directed
the Collier County Board of County Commissioners to call an election
as part of the August 26, 2008, primary election to vote on an ad
valorem millage increase for operating expenses by the school district
as authorized by section 1011.71 (6) of the Florida Statutes; and,
Whereas, section 1011.71(7), Florida Statutes, in part states that
school districts may levy by local referendum or in a general election
additional millage for school operational (sic) purposes, et cetera; and,
Whereas, school district millage elections are required to be held
in the manner prescribed by law for holding general elections as
provided by section 11011.73(3) of the Florida Statutes; and,
Whereas, the Florida -- excuse me -- whereas, the school district's
resolution includes language it proposes for its millage referendum;
and,
Whereas, the Collier County Board of County Commissioners
finds that it is lawful and in the public interest to call for the
referendum election requested by the school district and to direct the
Collier County Supervisor of Elections to take appropriate action with
respect to the school district's request as stated in its resolution number
08-05 while making no comment on the substance of the school
district's proposed referendum and/or the lawfulness of its proposed
ballot language.
Now, therefore, be it resolved by the Board of County
Commissioners of Collier County, Florida, that, number one, the
Board of County Commissioners approves and authorizes its chairman
to sign this resolution to call an election as part of the August 26,
2008, primary election to vote on a referendum for an ad valorem
millage increase for operating expenses by the school district as
authorized by section 1011.71(6) of the Florida Statutes, and hereby
directs the Collier County Supervisor of Elections to take appropriate
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May 27,2008
action with respect to the school district's resolution number 08-05, a
copy of which is attached.
By taking this action, the Board of County Commissioners makes
no comment on the substance of the school district's proposed
referendum and/or the lawfulness of its proposed ballots language but
is merely performing its duty to call the election as requested by the
school district. This resolution adopted after motion, second, and
majority vote favoring same this 27th day of May, 2008.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: So they say that we're not allowed
to comment and yet we've commented to say that they have 96 words
and they're supposed to only have 75. Is it that they don't want to hear
that or what?
MR. KLATZKOW: Ma'am, if! could answer that question.
We've been trying to get the attorney for the school board since
Friday. We've emailed, we've tried calling him on his cell phone and
his business phone. We've been unable to get him.
It's his -- he signed off on this. It's his legal opinion that this is
sufficient. I'm not going to second guess him; however, having said
that, I would not have given you this form to approve.
COMMISSIONER FIALA: But I'm saying, if legally they're
only allowed to have 75 words on the ballot, shouldn't -- is it that we
are not allowed to say that this -- you know, once they have the 75
words, that -- go forward, or do we just say nothing and --
MR. KLA TZKOW: We're just here as a conduit for the school
board. That's what we're doing here.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. I think we can go ahead and
approve this because I think that the ramification's going to come in in
November when the property tax issue is brought up with the school
board.
So I think that we're safe in just going ahead and approving this
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because I'm sure that on the November ballot when they're looking at
about 50 percent revenue cut of the school board tax -- actually 25
percent -- but if you look at the school board itself, it will be almost a
50 percent cut, so --
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Ifwe put this in with the 96
words, is there any guarantee that it will appear on the ballot, or will
the elections office just kick it out?
MR. KLATZKOW: That will be up to the Supervisor of
Elections. We're doing our duty by simply acting as a conduit.
COMMISSIONER COLETTA: I understand. But it's very
important to the school board that this goes forward. And I know, you
did everything, due diligence, to make sure that they were aware of
this problem. Ifbetween -- when is the cutoff? It's going to be for
August that they want it on for the primary, right? When is the cutoff
to be able to get on that ballot; do you know?
MR. KLATZKOW: I don't know off the top of my head, but I
think they're coming up pretty quick on it.
COMMISSIONER COLETTA: If I may suggest -- and that's up
to the chair. That's up to the chair's prerogative. We might want to
continue this item till later in the meeting and get somebody from the
elections office here to give us guidance. If it's important to the
school system, they have to -- we have to make sure that we know
what they're up against, and they have to be advised of that. Past that
point we can't do anything. Could we continue it, Chair?
CHAIRMAN HENNING: We could. We can continue talking
about it till they get here, too. We only have a couple things on the
agenda.
MR. MUDD: Sir, I've asked for somebody from the Supervisor
of Elections to come on over here and talk about this particular item.
CHAIRMAN HENNING: But I have some questions, too, and
then we can continue it. We've just got one more item before we go to
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May 27, 2008
our time certain at two?
MR. MUDD: Yes, sir.
COMMISSIONER FIALA: Two more items, right?
MR. MUDD: And then we have a 12A item, sir.
CHAIRMAN HENNING: 12A.
MR. MUDD: Yes, sir, but we do public comment before.
CHAIRMAN HENNING: If you don't mind, let me ask my
question. Are we being asked to approve the ballot language to allow
flexible funding for Collier County schools?
MR. KLATZKOW: No. You're simply asked to request that the
Supervisor of Elections put this on the ballot.
CHAIRMAN HENNING: Puts the resolution on the ballot?
MR. KLATZKOW: The school board resolution. I know -- this
is a school board resolution.
CHAIRMAN HENNING: Okay. The school board resolution
has the ballot question on there, so we're being asked -- I mean, it
doesn't say whether we're saying to put resolution 2008-5 of the
school board's on the ballot?
MR. KLATZKOW: No, sir. We're being asked to forward--
forward this resolution to the school board so that they can put the
ballot question on.
CHAIRMAN HENNING: It is 2008-5. The second question is,
this is the capital improvement fund that they're going to reduce.
What's that going to do to impact fees? In other words, when we --
when we do the impact fee calculation, you have less money going to
capital improvements and more money going ad valorem. Do you
have an answer to that, County Manager?
MR. MUDD: Commissioner, it would reduce -- right now that
quarter of a mill -- and they're basically doing a -- they're doing a flop
so that there's no increase in ad valorem taxes to the taxpayer;
however, by moving money out of the capital piece into the operations
side of the house, based on if the voters approve this in the August
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May 27,2008
primary, what it will do is it will reduce the amount of credit that
quarter of a mill's worth in the capital program, which is a credit to the
impact fee. So that credit will leave and there will be a void. And as
the impact fees get updated at a future time, there is a potential that the
impact fee for the school district could increase.
CHAIRMAN HENNING: And that could be substantial; you're
talking 30, $40 million?
MR. MUDD: No, sir. A quarter mill is around -- I want to say
it's close to $20 million, about 22, so that that would -- that would be
an issue. The November -- as you and I exchanged in emails, the
November referendum could be more severe as far as impact fees and
their increase in the future depending on how the voters vote on that
particular --
CHAIRMAN HENNING: Right. I'm just trying to deal with this
Issue.
MR. MUDD: This one. Could be about a $22 million shortfall
as far as credit is concerned, and they'd be trying to make that up
vis-a-vis their impact fees.
CHAIRMAN HENNING: That could substantially increase the
impact fees?
MR. MUDD: Yes, sir.
CHAIRMAN HENNING: Do we know how much per
household?
MR. MUDD: No, sir. I'd have to go through the impact -- I'd
have to go through the consultant that we have, Tindale, Oliver, and
Amy in order to get the specifics on exactly what that would be, sir.
CHAIRMAN HENNING: Okay. Well, maybe that could be
something that could be addressed before the ballot question; not by
us, by the school board, how they're going to address that shortfall of
capital improvements. I think the -- what is it, 10 mill-- $10,000 per
unit for school impact fees?
MR. MUDD: Yes, sir.
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CHAIRMAN HENNING: Yeah. That's a lot of money.
Do we have speakers?
MS. FILSON: No, sir.
CHAIRMAN HENNING: Is there a -- oh, no. We're going to
wait on this item.
MR. MUDD: Want to continue that. We've got a couple items
in between. See if we can get somebody from Supervisor of
Elections.
CHAIRMAN HENNING: We're going to continue 10E, and
address some other things on the agenda.
Item #lOF
REQUEST TO AMEND CHAPTER 74 OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES,
CONSOLIDATED IMPACT FEE ORDINANCE WITH RESPECT
TO THE WAY AL TERNA TIVE IMP ACT FEE STUDIES ARE
CONDUCTED - APPROVED
MR. MUDD: Yes, sir. The next item is lOF. That used to be
16B2. The item was asked to be pulled by Commissioner Fiala, and it
read, to receive approval from the Board of County Commissioners,
the BCC, to amend Chapter 74 of the Collier County Code of Laws
and Ordinances' consolidating impact fee ordinance with respect to the
way alternative impact studies are conducted.
MS. FILSON: And so the commissioners aren't confused,
because initially on the change sheet they pulled 16F6, which I put
into their agenda, and then they took it back off, so I didn't want you
to be confused. And that was -- and that was right before the meeting,
so I didn't have a chance to change it.
MR. MUDD: That wasn't a change that was on the change sheet
that I read this morning, okay.
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May 27,2008
MS. FILSON: You're right, and they didn't change it till like 10
till, and I already had the commissioners' agendas printed out.
CHAIRMAN HENNING: Okay, boys and girls.
Commissioner Fiala, you have a question?
COMMISSIONER FIALA: Yes. My main thing is, it was
talking about staff being concerned that an alternative impact fee
study for existing typical categories could have a significant
repercussion to the impact fee program. And as I read through this
thing, it really raised a lot of questions in my mind because -- let me
see. It's unreasonable to expect each independent study to replicate
exact figures included. And I thought, well, you know, a lot of times
it's the only fair way to do it. And I was hoping that we were going to
stay with fair.
MR. CASALANGUIDA: Absolutely, Commissioner. For the
record, Nick Casalanguida, Transportation.
When you get an atypical use, you expect someone would want
to do a study. They say, we're not consistent with your rate code, so
let's take a look at it. And we're all about being fair; you pay for your
impacts. That's the whole nexus with impact fees.
When you start getting into some applicants wanting to do
studies on typical uses, you've got to question that because they're
taking advantage of maybe off season, which is not best management
practices, or they're saying in a down economy and off season, banks
and hotels and restaurants generate less trips.
Well, that may be good for one season or off season, but it's not
typical on a whole year or peak season. So our goal is to say, we want
to update our process to use best management practices, we're going to
research what's going on in Orange County, work with Tindale Oliver,
the consultant, and have him come up with guidelines for alternative
studies that are more consistent, but be fair. They would do the study,
and whatever it came out to, it came out to.
COMMISSIONER FIALA: Yeah, that was my main concern,
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May 27,2008
and so I thought I'd rather bring this onto the regular agenda and just
talk about it in the public so everybody knows what we're --
MR. CASALANGUIDA: Absolutely.
COMMISSIONER FIALA: -- considering, because some of the
ones that have come before us were very interesting and, indeed, they
saved themselves hundreds of thousands of dollars because they didn't
fall into the pattern and there was no category for them. We're still
going to allow people to do that; is that --
MR. CASALANGUIDA: Absolutely. Atypical uses make sense
to do a separate study. Typical uses, things that we're going to look at.
Is it statistically different, statistically significantly different? When
we say that, we say, if you're within 5 percent of what their general
impact fee rates and trip distances are, we wouldn't accept the change,
and that would be the board's discretion. If you're drastically different,
are you taking the counts in the off season where obviously the
numbers are going to be down and the trips will be down. We're trying
to set some guidelines that are more consistent with best management
practices.
COMMISSIONER FIALA: I was thinking specifically
something that never went through, of course, was the gymnastics
place where there was no category for them and we couldn't find one
and they couldn't afford a study, and so they just had to forego the
business and let it go, and that was too bad. But I think people should
be allowed to at least find a category, at least a fee that would fit them.
MR. CASALANGUIDA: I agree with you. There should be a
way to do that. We'll make sure we can do that.
COMMISSIONER FIALA: Okay. Motion to approve.
MR. CASALANGUIDA: We'll be back with a resolution so you
will see this again.
COMMISSIONER FIALA: Okay. Motion to approve.
CHAIRMAN HENNING: Okay. Motion by Commissioner
Fiala --
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May 27, 2008
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: -- second by Commissioner Coletta.
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: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Item # 11
PUBLIC COMMENTS ON GENERAL TOPICS
MR. MUDD: Commissioner, the next item on our agenda is
public comments on general topics.
Ms. Filson?
MS. FILSON: Yes, sir. We have three speakers. The first is
Anthony Pires. He'll be followed by Richard Hamilton.
MR. PIRES: Thank you, members of the board, Mr. Chairman.
The item I'm speaking about today -- and thank you for the
opportunity to have this discussion -- with regard to the issuance of a
Temporary Certificate of Occupancy for the restoration church facility
in the Bucks Run development on Collier Boulevard where all
required activities or inspections have been successfully completed
except for one remaining item, and those are the completion of turn
lane improvements on Collier Boulevard where the turn lane
improvements are a component of the county road project.
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May 27,2008
And the inability to obtain a Temporary Certificate of Occupancy
is having serious adverse effects on the operations and finances of the
church, and we don't believe there are any adverse effects to the public
and we don't believe any public safety issues are implicated.
Weare on the schedule for the board meeting of June 10th under
public petitions and appreciate the opportunity to have this discussion
today. The inability to have a resolution prior to that date is having
serious adverse effects on the operations and finances of the church.
Pastor Thome of the church is with me here also today. And we thank
you for the opportunity to have this discussion and hopefully obtain
direction to staff that will obviate the need for the public petition
consideration on June 10th.
There's no pending litigation in this issue. There's no code
enforcement action pending. And if I may just have a little bit of
opportunity for background, I'll keep within the time frame so the
board doesn't set the buzzer off on me.
In March of2007, the church obtained its final SDP, phased its
construction of its facility to coincide with the county's completion of
that portion of Collier Boulevard widening project consisting of the
northbound and two southbound turn lanes into the Bucks Run
Development. The language in Bucks Run PUD says the turn lanes
shall be in place prior to any COs being issued for any permanent
buildings. So it was key that the church phase their construction and
follow along with the county's, and they all coincide at the same time.
As of April 28, 2008, all required inspections for the church's --
church facility were completed, all requirements for CO were
achieved except for the required turn lanes which had suffered some
delays.
Discussions have been held between the church, the consultants
and county staff in order to obtain a CO, temporary CO.
On May 14, 2008, the county staff advised the pastor and some
other -- and the consultant that the turn lanes would be finished
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May 27, 2008
between May 24th and May 27th. A CO could be issued under
various conditions which were amenable to the church, that the
payment of the church's proportionate share, which is 11.67 percent of
the construction cost, and -- however, on May -- a couple other items.
I see 30 seconds left -- and that the church take care of the MOT on
951 during service hours and they'd also handle traffic issues and pay
their proportionate share within 30 days of receiving invoice.
On May 16th, two days later, the staff advised that they couldn't
go along with that particular position. Mr. Casalanguida advised that
while the county staff had been advised on May 14th that both turn
lanes would be operational, only one is operational, and the
southbound turn lane was not operational.
Therefore, we missed the window to be on today's public petition
agenda. So we ask that you give direction to staff, favorable direction,
to work with the applicant for a temporary CO under the conditions.
And if I could have 15 seconds, I could complete the conditions.
Request that the BCC authorize the CDES and county transportation
to issue a temporary CO for the church's facility, not the child care
facility. That's a different animal. We're not asking for that. That the
church pays -- as long as the church pays its proportionate share, 11.6
percent, of the costs of improvements for Collier Boulevard turn lanes
owed by Bucks Run PUD, all in accordance with the agreement
between the Bucks Run developer and the church, within 10 days of
the church's receipt of the invoice from the contractor for Collier
Boulevard, and until both turn lanes are in place, their church will
provide traffic control personnel, deputy sheriff or state troopers, at
the intersection of Collier Boulevard and Bucks Run Drive to direct
traffic for Sunday service and also handle MOT, you know, coordinate
the traffic issues while that project is being completed.
Thank you. I'm available for any questions, as is Pastor Thome.
CHAIRMAN HENNING: I have a question. What's MOT?
MR. PIRES: Maintenance of traffic or -- maintenance of traffic.
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May 27, 2008
In other words, so there's no conflict between the ongoing
construction, if there is any, with any traffic that might be on the road,
and Mr. Casalanguida can correct me if I'm wrong on that.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. Nick, how does this fit in
with the project that's going to go out there with the church and with
the road?
MR. CASALANGUIDA: Sure. For the record, Nick
Casalanguida. The project's actually moving ahead of schedule on
Collier Boulevard. One of the staff members advised them incorrectly
they could issue a TCO. We have no leeway to do that. The PUD is
very clear. It says the CO cannot be granted without those access
points being in place and operational, so both of those items.
And I explained to the pastor, and it was an amicable discussion.
We just didn't have the ability to do that. My advice to the board, or
recommendation to the board, is that if you so feel that you would like
to issue a TCO, that there would be a couple stipulations that would
go with that.
One is the MOT, maintenance of traffic, is established with the
contractor because it is the contractor's road right now. They maintain
it. They take care of traffic right now, and they would have to go
according to maintenance (sic) of traffic plan; that the Sheriffs Office
would be in place at all times when they had service.
And I don't distinguish the fractionalized PUDs. The PUD owes
a total of 185,000 for the turn lanes and design, and I -- there's a bill
that's been sent outstanding to the PUD itself. If the board saw fit to
ask for a proportional payment from the church, that's fine if that's
what you'd like. We sent the full payment (sic) to the PUD, the entire
PUD. So however direction you would like to go with that, that's fine
as well, too.
COMMISSIONER HALAS: When do you anticipate that that
road will be totally operational, functional?
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May 27,2008
MR. CASALANGUIDA: The road totally operational, I don't
want to give you a date. But I can tell you that the area in front of it's
about four weeks that we've been told that those turn lanes in front of
them per the PUD will be in place.
COMMISSIONER HALAS: So in four weeks, we'll have --
they'll be in compliance, is that what you're saying?
MR. CASALANGUIDA: In about four weeks they'll be in
compliance, and that's what the contractors told us and the project
managers told us.
COMMISSIONER HALAS: Does it have an effect on us as far
as funds coming forward to the county?
MR. CASALANGUIDA: No, sir.
COMMISSIONER HALAS: Okay.
CHAIRMAN HENNING: Nick, have you talked to the
contractor about maintenance of traffic during the construction, or is
this just going to be on Sunday when the contractor's not going to be
there?
MR. CASALANGUIDA: Well, they're working various hours.
There are times they're out there working Sundays as well, too, so --
CHAIRMAN HENNING: That's the feedback from the
contractor?
MR. CASALANGUIDA: Excuse me, sir?
CHAIRMAN HENNING: Did you get any feedback from the
contractor?
MR. CASALANGUIDA: We did. They said they can work with
us. Our project manager can work with the contractor to obviously --
I mean, there would be issues with maintenance of traffic. They'd
have to work that out. And they would be at the contractor's
discretion. It's their road right now.
CHAIRMAN HENNING: Would they ask us for more monies
for, you know --
MR. CASALANGUIDA: If they did, I would imagine that
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May 27, 2008
would be the church's responsibility, and the church has talked about
that.
MR. PIRES: The church is agreeable to that. We recognize that
consideration. We don't want the county to have any additional
expense.
CHAIRMAN HENNING: So this would just be on a Sunday,
there would be a deputy out there directing traffic, you pay your
proportional share?
MR. PIRES: Yes.
CHAIRMAN HENNING: And what else?
MR. CASALANGUIDA: Maintenance of traffic, deputy there,
they pay their proportionate share of improvements. If that's what the
board directs, I can work with that.
CHAIRMAN HENNING: Commissioner Coletta, it's his district,
so --
COMMISSIONER COLETTA: I appreciate that, and I can see
no threat to the public well-being by this going forward with a
temporary permit. Based upon what Nick Casalanguida has offered,
I'd make a motion for approval,
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: And that is for Sunday service?
COMMISSIONER COLETTA: Right, with the deputy out there
and whatever else Nick has put on--
CHAIRMAN HENNING: Proportional--
COMMISSIONER COLETTA: Share of the --
CHAIRMAN HENNING: -- share of the turn lane payments.
MR. CASALANGUIDA: Yes, sir. I have a bill, and I can
provide them a bill and their percentage would be paid.
CHAIRMAN HENNING: You don't need any bonding?
MR. CASALANGUIDA: It's a very limited amount, no, sir. I
think the final CO would be the holdback. They could not get their
final CO if they didn't pay the bill.
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May 27,2008
CHAIRMAN HENNING: Okay. So there's a motion by
Commissioner Coletta, second by Commissioner Fiala.
Discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor ofthe motion, signify by
saymg aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
MR. PIRES: Thank you all very kindly, and thanks for allowing
me the opportunity today, and Mr. Casalanguida, thank you.
MR. CASALANGUIDA: Thank you.
CHAIRMAN HENNING: Don't go away yet.
COMMISSIONER FIALA: I just wanted to make a comment.
Tony, wasn't this the place that we had voted to build affordable
housing in Bucks Run, and then the neighbors gave it so much of a
fight, they took it all the way to the highest courts, and finally, the
developer who had to pay so much money to try and build his
affordable housing threw in the towel and said, never mind. I can't do
it anymore?
MR. PIRES: I wasn't present during that creation, so I couldn't
answer that.
COMMISSIONER FIALA: Yeah, that's what happened.
CHAIRMAN HENNING: That's exactly what happened. So we
won't be seeing you on Tuesday; is that correct?
MR. PIRES: I might just show up just because. You won't be
seeing me June 10th unless something --
CHAIRMAN HENNING: Not for this item.
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May 27, 2008
MR. PIRES: No, sir. Thank you all very kindly. Appreciate it.
MR. MUDD: So you are withdrawing your petition from June
10th on this particular item?
MR. PIRES: Yes, sir.
MR. MUDD: Okay, thank you.
MR. PIRES: Yes, sir. Thank you, Commissioner Coletta and
Commissioner Fiala and Commissioner Henning and Commissioner
Halas.
MS. FILSON: The next speaker is Richard Hamilton. He'll be
followed by Marcia Cravens.
MR. HAMILTON: Thank you. Good afternoon. My name is
Richard Hamilton. I've been a UPS employee for over 20 years in
Collier County.
I come today to thank you all for your professionalism and
support to the community. I respect you all as community leaders,
and that's why I'm here today asking for your support and for the
community support for our employees of Collier County schools.
Right now, as it stands, they've already been told 250 of them,
they don't have ajob by July 1st, I think it is.
I think that the way things have been going, a lot of us have been
following the paper, things have been done that cause a lot of concern,
and I'm just here as a taxpayer and as a citizen to ask for your all's
supports as the same, as taxpayers and citizens.
I've already been in front of the school board and asked them to
please at least do impact fees or some sort of studies to see how they
can balance their budgets. They operate in different manners than
some other groups do.
I -- you know, as a parent and a taxpayer, I enjoy Collier County,
I enjoy living here, working here. I think we all expect high
standards. And I applaud you all for doing what you can to do -- to
help the county in all sorts of ways, whether it be something on a
referendum maybe for them to balance the budgets or other ways of
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May 27,2008
doing it.
But I just wanted to thank you all for your acting as a
government body that is transparent in its decisions. You all are a
great thing for other people to strive to do. And I thank you for your
quality .
And I just hope that everybody here, even just as citizens, can
encourage other members of our community to do the right thing.
Thank you very much.
CHAIRMAN HENNING: Thank you.
MS. FILSON: The next--
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, just a comment. You said
a lot, but I think the -- what you were really trying to get to is the fact
that you're concerned over the allocating of the jobs for the custodian
jobs to outside sources?
MR. HAMILTON: Correct. Without an impact study being
done. If people lose jobs, then I see it as an impact to our social
services in the county, whether it be the hospital or other social
services. Granted, people may get jobs, but nobody went to work for
a county entity looking to get rich. They went for it for the retirement
systems and other things.
COMMISSIONER COLETTA: And I sympathize with what's
going on. I realize that it's the school board's domain. That they're
elected officials --
MR. HAMILTON: Correct.
COMMISSIONER COLETTA: -- with a responsibility.
However, with that said, I find it very perplexing at a point in time
when we have so much hardship out there how, in some cases,
government continues to breed more hardship for their citizens by
such actions.
You know, it's a never-ending quest that they seem to be on in
order to save a dollar to be able to trash another number of people's
Page 13 7
May 27,2008
lives.
And I'm not too sure what this board could do, but I tell you for
one, I think that the thought process that's going into this could --
deserves a little more attention and some more thought.
CHAIRMAN HENNING: Anybody else?
(No response.)
CHAIRMAN HENNING: Okay. Thank you.
MR. HAMIL TON: Thank you very much.
MS. FILSON: The next speaker is Marcia Cravens.
MS. CRAVENS: Hello again. Marcia Cravens.
I just wanted to speak to an additional consideration regarding
agenda item 9G, the resolution to amend purchasing policy to include
local preference policy and procedure.
It occurred to me after all that discussion that happened earlier
that I respectfully have a concern that I would like brought before the
commissioners, and that is that there is a potential scenario in which
there could be a real rush to finalize pending potential proposed
negotiations for contracts that are not yet finalized to where contracts
that are currently in the works for out-of-area business firms may be
expedited, and so get in under the wire, so to speak, during this
two-week time frame of which this resolution will be coming back to
the board.
I wonder if it would be possible to request -- to respectfully
request that this Board Of County Commissioners might be able to
direct county staff to put those types of things on hold; in other words,
pending, potential, proposed, recommended contracts to outside firms
not proceed any further because you have this agenda item that you
are considering that was proposed today. I don't know if that's
possible, but I am requesting it.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. That's exactly what I
requested early, but then they said they had nothing right now in the
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May 27,2008
works, so, you know.
MS. CRAVENS: I believe there definitely is some discussion
going on, of which I am aware, and that has to do with a firm in
Tampa called PBS&J. I do know that there are some negotiating--
there's some negotiations going on regarding what potentially could be
a very large-amount contract and some substantial work orders.
And so I don't know where it is officially in the paperwork, but I
do understand that there definitely is some negotiating and some
discussion with out-of-area firms.
CHAIRMAN HENNING: How about we do this, it's just -- I
mean, you can't stop business. There are certain things that we must
get done -- is ifthere's nothing pressing, don't open up the bids till the
board does something with this preference policy. Is that reasonable?
MR. MUDD: Sure. We can just not open the bids, if there's a
bid that comes in between now and the 10th of June.
CHAIRMAN HENNING: Unless it is something that is affecting
deadlines or -- okay?
MR. MUDD: Yes, sir.
MS. CRAVENS: Would this cover recommendations that are
already made?
CHAIRMAN HENNING: Bids already opened?
MR. MUDD: If it -- is it a bid that's already open or is it a
contract that's already been awarded?
MS. CRAVENS: A recommendation by a committee to award
work to an outside firm. Would this, what you're discussing, affect
that situation?
MR. MUDD: What you're basically asking is -- and what I'm
trying to get some clarification on, has the contract already been
awarded and is this a work order on an existing contract? If it is, this
conversation will have no effect upon that. If it is a new request that's
going out for a request for bid on a particular project and those bids
are being assembled and coming in, we will hold those bids, not open
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those bids until after the board makes a decision on the 10th of June
and gives us some instructions upon what the effective date is of the
particular resolution that they're -- that they're -- they approve.
But for existing contracts that are already out there and work
orders on those contracts, it will have no effect, ma'am.
MS. CRAVENS: Can I ask you ifthe discussion with PBSJ (sic)
that is being recommend -- there is a recommendation by the Coastal
Advisory Committee for PBSJ to be awarded a contract for a master
management plan for the Clam Bay situation, has that proceeded to
any type of contract base?
MR. MUDD: I have to take a look and see if it's -- I'm not too
sure how Coastal Advisory Committee can make a recommendation
on a particular firm unless there was some kind of a bid that was
already out there and already been awarded and they're on a standing
list as far as that contract is concerned for those kind of works. We
don't go sole source based -- based on advisory boards, and that'd have
to go to the Board of County Commissioners for --
CHAIRMAN HENNING: What she's saying is --
MS. CRAVENS: I attended a CAC where this was discussed.
CHAIRMAN HENNING: Yeah. What I think you're saying is
-- the selection committee, comprised of staff members, have made
recommendation to use PBS&J?
MS. CRA YENS: Yes.
CHAIRMAN HENNING: So, yeah. It's already -- it's already a
done deal.
MR. MUDD: I think it's a standing -- I think it's a standing
contract, and they want to award a work order on that standing
contract, but I'll check.
CHAIRMAN HENNING: Okay.
MS. CRAVENS: Thank you.
CHAIRMAN HENNING: Could you send us a correspondence?
MR. MUDD: Yes, sir.
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May 27, 2008
CHAIRMAN HENNING: Thank you.
MS. CRAVENS: Thank you.
COMMISSIONER HALAS: CC me on that, too.
MR. MUDD: Well, I hope I got -- I hope I get an answer to this
before the meeting's over.
CHAIRMAN HENNING: Any more speakers?
MS. FILSON: No, sir. That's your final speaker.
CHAIRMAN HENNING: Nobody from the elections office?
MR. MUDD: But we do have a time certain, sir.
CHAIRMAN HENNING: We do have a time certain, and it's
here.
Item #10B
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS REVIEW PROPOSALS AND SELECTION
COMMITTEE RECOMMENDATION FOR APPROVAL OF THE
AWARD OF RFP #08-5026, DEVELOPMENT OF THE
BEMBRIDGE PLANNED UNIT DEVELOPMENT - MOTION TO
CONTINUE INDEFINITEL Y - APPROVED
MR. MUDD: At two o'clock, yes, sir, it is.
This item to be heard -- it is 10B. This item to be heard at two
p.m. It's a recommendation that the Board of County Commissioners
review proposals and selection committee recommendation for
approval of an award of an RFP, number 08-5026, development of the
Bembridge Planned Unit Development.
Ms. Marcy Krumbine, the Director of Housing and Human
Services, will present.
CHAIRMAN HENNING: Marcy, before you say anything, I'm
not going to say --
MS. KRUMBINE:. Motion to approve?
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May 27, 2008
CHAIRMAN HENNING: -- motion to approve or anything like
that. I have concerns about doing anything on this item because of the
housing market where we're at today. I just -- you know, I talked to
Crystal, whose son's looking for a house, and he visited three houses,
Crystal, in Golden Gate, under $100,000, three homes, single-family
homes, and I just think it is not the best timing. And personally I want
to shelve it.
Commissioner Fiala?
COMMISSIONER FIALA: It's interesting that you say that. I
hadn't thought of going that far, but I was thinking of the same thing.
We've already determined that by 2010 we're still going to be over
800 -- 800 units overbuilt, and that's with everything as is that has
been approved.
And so I was thinking that the project was rather overkill. I
wanted to go back to the six units per acre that we had originally
discussed. And I figured that instead of building multifamily or
duplexes or whatever, build some single families where families
would have a home rather than a condo or a garden apartment or
something, but actually have a single-family home with a yard. So I
was going to go back to that, but I'm willing to go with you on this.
CHAIRMAN HENNING: Continue it indefinitely.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I brought up the same
issue when I was talking to one of the contenders for that, and they
claim it was a unique project and that it was deserving of
consideration; however, I still got that same, what do you want to call
it, reservation as far as what's a good idea and what isn't.
I do know that we have an inventory out there that's never ending
at this point in time. And if we add more to that inventory, we just
exacerbate the problem. So I know that some people are going to be
very disappointed with us, but as far as I'm concerned, I think it should
be shelved.
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May 27,2008
CHAIRMAN HENNING: Does the County Attorney have any
concern about if the board makes a vote to continue this item
indefinitely?
MR. KLATZKOW: I have no concern.
CHAIRMAN HENNING: Okay. I'm going to make that motion
to continue this item indefinitely.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Second by Commissioner Halas.
And now we have some public speakers?
MS. FILSON: No, sir.
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: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Thank you.
MR. MUDD: That was a very good presentation by Ms.
Krumbine.
COMMISSIONER COLETTA: It was.
CHAIRMAN HENNING: She always does a good presentation.
COMMISSIONER COLETTA: Better than usual.
CHAIRMAN HENNING: Of course she has Frank here to help
her out.
Item #12A
PROVIDE THE BOARD OF COUNTY COMMISSIONERS
(BOARD) INFORMATION REGARDING CHANGES IN VALUE
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May 27,2008
ADJUSTMENT BOARD LEGISLATION; APPOINT TWO
MEMBERS OF THE V AB FROM THE MEMBERSHIP OF THE
BOARD AND REQUEST DIRECTION ON THE SOLICITATION
OF CITIZENS INTERESTED IN SERVING ON THE VALUE
ADJUSTMENT BOARD (V AB) FOR 2008 - PUBLISH A PUBLIC
NOTICE FOR 1 CITIZEN MEMBER, 1 AL TERNA TE CITIZEN -
CONSENSUS; MOTION APPOINTING COMMISSIONER
COYLE AND COMMISSIONER COLETTA TO THE V AB AS
REGULAR MEMBERS AND THE THREE REMAINING
COMMISSIONERS AS AL TERNA TES - APPROVED
MR. MUDD: Commissioner, the next item is 12A, and it's to
provide the Board of County Commissioners' board with information
regarding changes in the Value Adjustment Board legislation to
appoint two members of the V AB from the membership of the board
and to prevent -- excuse me -- and to request direction on the
solicitation of citizens interested in serving on the Value Adjustment
Board, V AB, for 2008, and I believe Mr. -- he was saying he was
going to do it. I'm sorry,.
MS. CHADWELL: Okay. Yes.
MR. MUDD: Ms. Ellen Chadwell, from the County Attorney's
Office, will present.
MS. CHADWELL: Yes. Good afternoon, members of the
board.
You mayor may not be aware that some new legislation was
passed or is -- passed through the Senate, both houses, and is sitting on
the governor's desk for signing at this point in time. It has not yet been
signed. It's my understanding that it will, even without his signature,
pass into law.
The new legislation was attached to the agenda item. And the
reason we're here on the regular agenda with this is because we're --
want to elicit some direction from you as to how you'd like to
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approach the election of the citizen member.
The new law provides that the Board of County Commissioners
will pick one of the two of citizen members that will comprise the
Value Adjustment Board, and that citizen member has to be a
homeowner. The only other -- within the -- Collier County.
The only other restriction is that they cannot be a member of or
an employee of a taxing authority and that they cannot represent
property owners in any administrative or judicial proceeding relating
to ad valorem taxation.
Yes, Commissioner Halas?
CHAIRMAN HENNING: Commissioner Halas, Commissioner
Coletta.
COMMISSIONER HALAS: My question is, under the state
guidelines, are they requesting someone of preference dealing with
their profession?
MS. CHADWELL: You mean are they seeking citizens that
might have a property background, something of that sort?
COMMISSIONER HALAS: Yes.
MS. CHADWELL: No. Those are the only guidelines the state
has given you or your legislators have given you.
I believe this board can impose some additional conditions or
requirements in the selection process, although I would caution you
from making certain that those -- any additional qualifications you
might desire, that they really serve a purpose and that they're not
overly broad and unduly restrictive, because the whole purpose of this
is to ensure that a citizen has the opportunity to participate in this
process.
So -- but that being said, we have -- I believe Jennifer Belpedio
from our office has worked with Ms. Filson on proposing a press
release. We'd like to solicit citizen interest through the Collier County
press release, that would also allow it to be televised on the public
channel. And in addition, we'd like to put a public notice in the
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newspaper.
Time is a little bit short, so we'll need to work immediately in
getting those notices out and hopefully come back to you on the 10th
or the 24th of June with a couple applicants, and then you can make
your selection at that meeting.
CHAIRMAN HENNING: Okay. Is there -- is that direction to
the County Attorneys and Sue Filson to put the public notice for
solicitation of --
MS. FILSON: I have one question, sir, if! might.
CHAIRMAN HENNING: Yes.
MS. FILSON: Originally we agreed to advertise for one citizen
member and one alternate member. Is -- and I didn't -- I don't recall
hearing you say alternate member.
MS. CHADWELL: No. I think we're looking to have an
alternate member, too, for the citizen member.
CHAIRMAN HENNING: Okay.
MS. CHADWELL: So we'll be soliciting two. I believe --
there's a copy of the press release there on the visualizer. So we'll
come forward to you hopefully with a handful of citizens that will
have interest, and you'll make a selection of one for a permanent
member of the V AB and then another as an alternate.
CHAIRMAN HENNING: All right.
MS. CHADWELL: In addition today, I believe we need to select
two members for the 2008 Value Adjustment Board.
CHAIRMAN HENNING: Yeah. So is it consensus of the board
that on number two, the recommendations, that we direct the County
Attorney, Sue Filson, to publish a notice soliciting the applications for
MS. FILSON: I believe they--
CHAIRMAN HENNING: -- a member?
MS. FILSON: -- advertise a portion of the -- of this will be
handled by the County Attorney's Office, since I don't have an
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advertising budget.
MS. CHADWELL: What will be done is it will be a Value
Adjustment Board expense. The clerk's office will handle the
publication and they will bill it off to the Value Adjustment Board.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Thank you. I'll tell you one
thing that I'm going to ask about, and I don't know if there's even an
answer. But I've served on this particular board, review panel, for six
of the seven years that it's been going -- that I've been here. Is there a
possibility that if these citizens, once they're picked, they can go
through some sort of orientation exactly what it is? It would be
absolutely insane to expect them to be able to perform, just get up --
come off the street, walk up here, sit down and know what the
parameters are they've got to work with. Is there --
MS. CHADWELL: Well, certainly they will be advised. As a
part of the legislation, I will mention that our office will no longer be
representing the Value Adjustment Board because the legislation
requires that you hire outside counsel.
COMMISSIONER FIALA: They want us to spend extra money
while they cut our taxes.
MS. CHADWELL: Right.
COMMISSIONER FIALA: Is that correct?
MS. CHADWELL: Right. I have scheduled a meeting for
Friday, this coming Friday for last year's Value Adjustment Board.
I would propose, Commissioner Coletta, that the citizen member
sit, at least attend as a member of the public, the organizational
meeting that we're having at late July so they have an understanding of
what decisions are made at that meeting, what some of the procedures
are, the processes are.
Certainly, you -- I propose also that you will be able to make a
selection of your new attorney at that very meeting. So it may be
something you want to direct them to handle some sort of -- or
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organize some type of workshop or seminar for that one citizen
member.
But as a practical matter it's -- you know, I'm willing to have a
discussion with that person and explain to them what the parameters
are of the Value Adjustment Board.
But as you know, at that org. meeting, you may decide that this
year you want to take -- allow for an appeal from the
recommendations, because in past years we've just adopted or you've
just adopted the special magistrate recommendations, in which case
there's not a lot of work for the Value Adjustment Board to do. At this
coming meeting here you may make a different decision, in which
event that citizen member will be learning just as you will as far as --
COMMISSIONER COLETTA: I can tell you this is going to be
the most challenging year ever for the Value Adjustment Board.
MS. CHADWELL: I think you're right.
COMMISSIONER FIALA: Same for the elections office.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yeah. That's why, when we solicit
for citizens, I think that it's important that we look at the background,
whether they've been in the property appraising business or been an
attorney that's been involved in property litigation. I really think that
we need to make sure that people that solicit and come forward with
putting their name, that we need to make sure that they're -- they have
some kind of a spectrum of background in regards to this.
MS. CHADWELL: What I would suggest then, that there's a --
COMMISSIONER HALAS: You have to get to the microphone,
ma'am.
MS. CHADWELL: What I would suggest then is that we modify
this application ever so slightly and encourage them to identify any
real estate or real property experience or knowledge that they may
have. And then -- I suspect anyone who will be solicit -- or who will
be applying for the position probably does have an interest inB
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property, but certainly you'll have that before you and you'll be able to
tell -- be able to judge on your -- make your decision based on
whether they have some experience relative to property or not.
CHAIRMAN HENNING: What is the will of the board?
MS. FILSON: You also have to make your appointment -- the
commissioner's appointments.
CHAIRMAN HENNING: Yeah. Well, I think -- I thought we
were going to do this one at a time.
Is it the board's wishes to do advertising -- give direction to give
(sic) advertising for a citizen committee member and an alternate?
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Yes, yes, yes?
COMMISSIONER COLETTA: Yes.
COMMISSIONER HALAS: Yes.
CHAIRMAN HENNING: Yes. Is it the -- direct the County
Attorney to -- next one is?
MS. CHADWELL: Publish in the Naples Daily News.
CHAIRMAN HENNING: Right.
COMMISSIONER FIALA: Yes.
COMMISSIONER COLETTA: Yes.
CHAIRMAN HENNING: That's the only circulation that you
can do it. And then appoint two alternate members to the V AB.
MS. FILSON: No, Two BCC members.
CHAIRMAN HENNING: Two BCC members, I'm sorry.
COMMISSIONER FIALA: Of course, with Fred Coyle not
being here, he should certainly be the first one to appoint.
COMMISSIONER COLETTA: Right, I agree.
MS. FILSON: And I would suggest that if you appoint two
members, that you appoint the other three as alternates so that if
someone can't make it, we'll have --
COMMISSIONER FIALA: Except for Fred. He has to be here.
COMMISSIONER COLETTA: Yeah. And if Fred Coyle is
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going to step up to the plate, being the noble person he is, I can only --
I think that I should be the one to follow.
COMMISSIONER FIALA: Okay.
MS. FILSON: And I also took the liberty of printing out the
membership for the last seven years, if you're interested in that.
COMMISSIONER COLETTA: Why don't you make a motion,
Commissioner Fiala?
COMMISSIONER FIALA: Okay. I make a motion to appoint
Commissioner Coyle and Commissioner Coletta to represent the
Board of County Commissioners on the V AB.
COMMISSIONER COLETTA: And the remaining three
commissioners?
COMMISSIONER FIALA: Will be -- the remaining three will
be alternates.
CHAIRMAN HENNING: Okay. There's a motion by
Commissioner Fiala. Is there a second to the motion?
COMMISSIONER HALAS: There's a second, but I have a
question.
CHAIRMAN HENNING: Commissioner Halas seconds the
motion. Commissioner Halas?
COMMISSIONER HALAS: Yes. In your -- in the motion or in
the discussion, are we going to make sure that we put in the
application what we're looking for as far as people that are going to
represent the public?
CHAIRMAN HENNING: They're going to fill in the experience
part of it.
MS. CHADWELL: I will. I assume that is this board's direction.
If you'd like me to modify the application to elicit specific knowledge
and experience in the field of real property, I will do so.
CHAIRMAN HENNING: Is that a part of your motion?
COMMISSIONER FIALA: Yes, and also -- now, I guess it
doesn't say in here, but in the ad you're going to have to say something
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about all ofthose that cannot apply, because there was a whole list of
them back here of people that -- or certain things representing certain
boards or whatever. I don't remember where I read that, but anyway --
representing certain boards and sitting on certain governmental bodies,
da, da, da, da, da, da. But that will be in your newspaper ad; is that
correct?
MS. CHADWELL: The notice and release will state that the
citizen members must own homestead within Collier County and may
not be a member of or an employee of a taxing authority and may not
represent other property owners in any administrative or judicial
review of property taxes.
It will also indicate that they need to be available for the various
V AB meetings. It's very important because you don't -- in order to
have a quorum, you have to have at lease one of your new citizen
members. So these people will hopefully be very serious about this
responsibility and obligation and show up. So those are the criteria
that are set forth in the press release.
I can also add, if you'd like, that specialized -- some background
or experience in real property is encouraged. You know, that way
we're just, you know, reminding them to draw our attention to it
without making it a mandatory requirement, if you'd like.
CHAIRMAN HENNING: Okay. There's a motion and a floor
(sic) -- there's a motion and a second on the floor and amended.
Further 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?
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(No response.)
CHAIRMAN HENNING: Congratulations, Commissioner
Coletta.
MS. CHADWELL: Thank you.
CHAIRMAN HENNING: Motion carries unanimously.
MR. MUDD: Commissioner, if we could have five minutes.
Tim Durham's coming over from the Supervisor of Elections Office,
and it's going to take just a couple minutes. If we could have a
five-minute break, we'll -- and it's the last item.
CHAIRMAN HENNING: Yeah. Let's take a break.
COMMISSIONER FIALA: That mom and child look just alike
back there.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
CHAIRMAN HENNING: Board's back in session from the
recess. I think we have one item.
Item #10E - Continued from earlier in the meeting
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS PLACE A SCHOOL BOARD REFERENDUM
ON THE AUGUST 26, 2008 PRIMARY ELECTION BALLOT -
MOTION TO CONTINUE TO THE JUNE 10, 2008 BCC
MEETING FOR FURTHER DISCUSSION - APPROVED
MR. MUDD: Yes, sir. Previously you had continued an item,
10E, until we could get some clarification from the Supervisor of
Elections Office, and I had no expectation that we would have the
Supervisor of Elections to come over here to try to answer your
questions, but this is the item where it's the recommendation that the
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Board of County Commissioners place the school board referendum
on the January 26 primary election ballot.
CHAIRMAN HENNING: Ms. Edwards?
MS. EDWARDS: Good afternoon. My name is Jennifer
Edwards, Supervisor of Elections. And this morning, I would say
probably around noon, was the first time I saw the language that's
being proposed. And so I counted the letter -- the words, and it
exceeds 75 words.
The law says -- and that's 101.061 -- stipulates the question for
the referenda language should not exceed 75 words. So at face value,
it exceeds the letter of the law.
So my concern is, of course -- what it does, it raises a question
for me. Is it okay to go ahead and put it on the ballot with the -- with
that language, or should it be reduced?
Now, I can't -- I'm not able to answer that myself at this point.
So my suggestion would be that we continue this so that I can talk to
the Division of Elections regarding the language or, indeed, perhaps,
the school board would consider shortening the language.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I think all we're doing is just --
we're to -- whether to move this forward to put it on the ballot, and I
believe it's up to the school board to come up with the proper language
so it fits the ballot.
CHAIRMAN HENNING: Well, actually the resolution says that
we agree with the school board and pass a resolution to be on the
ballot, which is too long.
COMMISSIONER HALAS: I understand where you're coming
from, but I thought what they wanted us to do was give them the
ability or give -- they wanted the commission here to move it forward
to put this on the ballot, but I think it's the school board's
responsibility to come up with whatever verbiage is within the law.
All we're here for is to say, yes, put it on the ballot or, no, don't put it
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on the ballot, and the school board needs to come up with the proper
language. Am I correct or not?
CHAIRMAN HENNING: No.
MS. EDWARDS: Well, I don't know what your understanding is
from the resolution. We all want to work together. We want to get a
question on the ballot working with the school board is my belief and
my intent; however, because at face value it looks like the length of
the question is longer than the statute specifies, I just want to raise that
question because it's my responsibility to implement election law, and
if that's part of the law that the question cannot exceed 75 words
without getting any kind of an opinion from the Division of Elections,
then I prefer not to accept it at this point.
CHAIRMAN HENNING: County Attorney?
MR. KLATZKOW: Yeah. One thought is that on page 2 of the
resolution, which is page 4 of 5, agenda item, it says the substance of
the millage referendum in the ballot title shall read, which gives a little
wiggle room, I think. Perhaps, if we were to forward this, the school
board could reduce it a bit.
CHAIRMAN HENNING: But we're -- it's the handout we're
considering.
County Manager?
MR. MUDD: Commissioner, my recommendation at this
particular juncture to the board -- and I just asked Ms. Edwards what
the cutoff is in order to get the language on the ballot for August, and
the deadline is the 20th of June.
MS. EDWARDS: .Correct.
MR. MUDD: You have a meeting on the 10th of June. My
recommendation is that we continue this item until the 10th of June,
and this way Ms. Edwards can contact the folks up in her higher
echelon in order to get some clarification. At the same time, we can
get back with the school board and say, could you please shorten it to
75 words so that we don't have this particular dilemma.
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May 27,2008
CHAIRMAN HENNING: Or we can say no to this item and
send it back. You know, it's kind of disappointing that the school
board had nobody here, not even a janitor, to discuss this item.
COMMISSIONER COLETTA: I don't think we need to be that
aggressive. I would just as soon continue it and hope that we can
resolve it at the next meeting.
CHAIRMAN HENNING: That's fine. I just -- I would hope that
we can have a better dialogue. Okay.
Is that a motion, Commissioner Coletta?
COMMISSIONER COLETTA: That's a motion.
CHAIRMAN HENNING: Second by Commissioner Fiala?
COMMISSIONER FIALA: (Nods head.)
CHAIRMAN HENNING: Discussion?
(No response.)
CHAIRMAN HENNING: All in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed, say aye.
(No response.)
CHAIRMAN HENNING: Motion carries, 4-0.
MS. EDWARDS: Thank you.
CHAIRMAN HENNING: Thank you.
COMMISSIONER FIALA: Thanks for coming down.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. MUDD: Commissioner, that completes the regular agenda
that we have today, and it brings us to staff and -- staff and
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commissioner general communications.
CHAIRMAN HENNING: And what do you have for us today?
MR. MUDD: Commissioner, I'll just let you know that I had
written a couple of letters and we've been going back and forth with
the Florida Department of Environmental Protection as it relates to
Delnor-Wiggins State Park, and we basically have asked if we could
have some conversations about increasing the parking capacity in the
particular park.
My conversation with Secretary Sole last week -- and it was on
Friday -- went something like this. Let's figure out how far -- or let's
figure out what the county would like and let's figure out how far the
state or what the state would like.
In the conversation I basically said what the county would like is
to -- we believe that the capacity in the park could have at least 500
more people go at anyone time to the beach in that particular one and
not exceed the state standard of 200 square feet per person that's
laying on the beach or playing in the water.
And that basically equates to about 250 cars. There's no way in
the present horizontal layout of their parking facility that they could
get 250 extra cars.
The -- I said -- I mentioned that we would be -- we, the county,
would be interested if they would so like to build a garage, car garage,
where we could get those 250 cars if that's exactly what the state -- if
they agree with us or not.
And the second piece from the county perspective was the traffic
jam that's outside the entrance to Wiggins State Park on any given
time, mostly on holidays and weekends, where traffic is tied up to the
west and tied up to the east on that particular road, and if there's a way
to try to solve that process. That was from the county perspective.
And then I asked him, I said, are you guys willing to rent the park
to the county for a long-term lease and the county would guarantee
your profits, so to speak, on this particular property? He said no.
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May 27,2008
They -- that is -- that is off the table as far as discussion is
concerned from a state perspective. And I said, okay, at least we
know what the bookends are. The bookends are, they're not willing to
lease the park to anybody but themselves.
The other issue is, he knows the county would like to get more
residents to be able to use the beach, and we have a traffic congestion
area that sits on Bluebill right there by the entrance.
And he said that he would get with his staff and see what we
could do about working up some kind of an arrangement to do so.
Details to follow.
It was a general conversation that we had. We sort of broke the
ice. We know where the bookends are from the state perspective,
what the county's desires are. And so he has responded, and I believe
the board said, well, if we weren't going to get any response, then it
was time to go see the lieutenant governor.
I believe we're still in the negotiating side of the house, and
within the next month or so we should be -- I should be able to come
back to the Board of County Commissioners with some kind of
arrangement and to see what the board would like in that particular --
what they think of it.
CHAIRMAN HENNING: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. There was an article today in
today's paper. Eric Stat (phonetic) had interviewed me probably about
two to three weeks ago in regards to this item that appeared in the
paper today.
And I was -- told him that there has been issues down there to the
point where they felt that they weren't part of the community and,
therefore, it was up to us to provide a sign to let people know that the
park was full. It was up to the board to also come up with the
necessary funding to fund sheriff deputies during the height of the
weekends or holidays, and they felt that they didn't have a
commitment.
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May 27,2008
So I'm hoping that since you've gone up to Secretary Mike Sole
on this, that we can get some pressure from up above to start pushing
down below so that hopefully we can have some dialogue to increase
the capacity at the state park there.
CHAIRMAN HENNING: Okay.
MR. MUDD: That's all I have, Mr. Chairman, Commissioners.
CHAIRMAN HENNING: Oh, thank you.
Mr. Ochs?
MR. OCHS: No, sir, thank you.
MR. KLATZKOW: Nothing, sir.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. I have a question. Obviously
there's -- and I'm glad that the County Attorney's here.
I have a question in regards to, if two or -- one or -- let's say two
or more commissioners happen to show up at this workshop tonight in
Golden Gate Estates or Golden Gate City at the community center, is
that going to pose a problem with the sunshine laws? This is an open
public forum to address our concerns with the sale of Alligator Alley.
MR. KLATZKOW: No, I don't think you're going to have a
sunshine issue.
COMMISSIONER HALAS: Okay.
MR. KLA TZKOW: I wouldn't publicly comment on it, I would
just sit there and listen rather than have discussions.
COMMISSIONER HALAS: Well, I'm sure that -- I know,
myself, I'll probably get up and say a few words of wisdom in regards
to the direction that we're going as far as selling state assets off that
belong to the citizens.
MR. KLATZKOW: Well, if you're going to start having
discussions, sir, you may run into a sunshine issue.
COMMISSIONER FIALA: Well, as long as we don't ask a
question, it isn't a discussion, right? I mean, if we were sitting in the
audience or reading it in the paper --
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May 27,2008
MR. KLATZKOW: If you were sitting in the audience, that's
fine, but once you start a discussion process, you start running into a --
COMMISSIONER COLETTA: If! may. If -- I plan to be there,
too. If I get up before Commissioner Halas, then he can't speak,
correct? I like that. I wish we had the same rules here.
COMMISSIONER FIALA: And I planned on being there as
well.
COMMISSIONER HALAS: And she's going to speak, too.
COMMISSIONER FIALA: I wasn't going to speak.
MR. MUDD: Mr. Klatzkow, Commissioners, and -- I remember
distinctly an item that happened when I was the public utilities
administrator when we were having the sewer issues, and there was a
meeting at CBIA. And two commissioners arrived at the meeting.
They listened to the dialogue. And they basically said that they
wanted to speak.
When one commissioner was ready to speak, the other went
outside so he was out of earshot or she was out of earshot of the
particular discussion, and they basically spoke their mind.
Then we reversed roles. One commissioner went out, another
commissioner came out, and that commissioner had their say. And
that's one way, in this particular case -- and I had the County Attorney
with me at the time -- where we were able to avoid any kind of a
sunshine issue.
But Mr. Klatzkow is right, the minute you start discussing the
issue, even if you're making a public statement, and if more
commissioners are there and another one gets up and makes a
statement, you're basically talking about your views on a particular
item before you get on the dais, and it could raise a potential issue.
MR. KLA TZKOW: My recommendation is you really don't say
anything there. .
COMMISSIONER FIALA: How about if we say it all here then
repeat it tonight? Then we've already said it in an open meeting.
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May 27,2008
COMMISSIONER COLETTA: That sounds wonderful.
MR. KLATZKOW: My recommendation is that you simply
listen.
COMMISSIONER COLETTA: In other words, you're not going
to be there to make sure we don't go astray?
MR. KLATZKOW: I don't want to be witness to the
prosecution.
COMMISSIONER HALAS: Well, I think that this item is near
and dear not only to Collier County, but to Broward County, in
regards to where the state wants to go in regards to selling off assets.
What my concern is is where they lease this out for a long period
of time and then take the money and not have any of the money here
in Collier County to address our transportation needs.
As you know, we've let -- lent FDOT a large sum of money to
take care of Davis Boulevard, and whether we get that money back or
not is another issue. And they're saying that any reserve revenues that
are made on this project, they're going to address issues in Collier
County such as 951, the interchange at 951/Davis Boulevard/I-75, and
then we have another interchange problem out at Everglades
Boulevard and 1-75, and then, of course, there's an issue about who's
going to take care of EMS and are they going to provide the facilities
to build an EMS station so that we don't have to run people from
Everglades City or from Golden Gate City out to accidents that take --
take place on 1-75.
So there's a lot of issues here that I think need to be addressed.
And I'm not sure if the citizens realize the impact when you lease this
out for 55 years or 75 years, whatever they decide up there in
Tallahassee.
MR. KLATZKOW: Sir, one approach would be simply to
choose one of you amongst yourselves to basically give what I'm
trying to feel as sort of a board position on this, and then that person
could say whatever they want to say and, you know, without any other
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May 27,2008
commissioners being there.
COMMISSIONER FIALA: Can we be there if we -- andjust
listen and not comment?
MR. KLATZKOW: You can be there and listen and not
comment, but --
COMMISSIONER COLETTA: Here's the problem, Jeff, is I'm
receiving numerous emails from constituents out there who still
assume that the Collier County Commission has a say in this, a
meaningful say, and they expect me to be there and voice my opinion
tonight.
So now I got a real problem. What do I do? Do I just keep silent
or do one of us get up and speak for all and just mention the fact that
because of Sunshine laws, the others ones aren't able to speak?
MR. KLATZKOW: I understand what you're saying. What I'm
telling you is that the best practice would be just for one of you to
show up and to speak the board's position on this strongly and
forcefully. Once you start getting more than two commissioners there,
it starts taking on the context of a public meeting, and this item will be
coming back to the board, I'm certain.
COMMISSIONER FIALA: Okay. How about this?
Commissioner Halas was the first one who said he wanted to speak
tonight.
COMMISSIONER HALAS: No, Commissioner Coletta
mentioned it.
COMMISSIONER FIALA: Was the first one that wanted to
speak. Okay. One person say, the other commissioners really want to
say something but, by law, we're forbidden to have any type of
discussion because this isn't publicly -- well, it is a publicly noticed
meeting, but it doesn't say that there --
COMMISSIONER COLETTA: Doesn't say the commissioners
will be there.
COMMISSIONER FIALA: That we're going to be there, so I'm
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May 27,2008
going to speak for all of them? Can somebody do something like
that?
COMMISSIONER COLETTA: No.
MR. KLATZKOW: One of you can speak on behalf of the
board. That's clear, if that's what you want to do.
COMMISSIONER HALAS: Now the other two can't show up
then?
MR. KLATZKOW: Well, I'm saying the best practice is if only
one of you show up. We live in a very interesting community,
Commissioners.
COMMISSIONER COLETTA: Let me try something a little
different.
Commissioner Henning, are you going?
CHAIRMAN HENNING: Not if you're going.
COMMISSIONER COLETTA: I mean, you're the chairman of
the board, unless you feel that you'd rather have somebody else do it.
Maybe you'd be the person to get up there and make that statement so
the rest of us don't get into trouble, and then you're saying we
shouldn't even go to the meeting.
COMMISSIONER FIALA: Oh, that's such a shame.
COMMISSIONER COLETTA: I mean, no, whatever your
advice is, I'm going to follow it.
MR. KLATZKOW: My advice is only one of you go to the
meeting and give the position of the board on that. That would be my
advice.
COMMISSIONER COLETTA: One person?
MR. KLATZKOW: One person.
COMMISSIONER HALAS: Better find out what the position of
the board is.
COMMISSIONER COLETTA: Didn't we state this at a previous
meeting?
COMMISSIONER HALAS: Well, an MPO meeting, but I don't
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May 27, 2008
know -- we didn't state it at -- we stated it as an MPO group, but we
didn't state it as the consensus of the Board of Commissioners.
COMMISSIONER COLETTA: You just outlined it, and we had
this particular discussion with transportation, I'm sure each and every
one of us, as far as what we -- our concerns are, as far as -- we're
opposed to it, and the reason we're opposed to it is a lack of funding
that exists now for anything -- for state roads. It seems like we can't
get enough to be able to do anything when it comes to a state road.
COMMISSIONER HALAS: Well, you and I might be on the
same page, but what about the other --
COMMISSIONER FIALA: I'm totally against it. I'm not just
against it. I'm totally against it.
COMMISSIONER COLETTA: Right. We can come up with a
position right now and Commissioner Henning can represent us.
COMMISSIONER HALAS: That's -- I think that's the direction
we need to go. If the chair wants to be there to address this particular
concern that not only affects Collier County and Broward County, but
it's going to affect the whole State of Florida eventually because this is
just a start.
COMMISSIONER COLETTA: Okay, and that's good. That's
part of the language that we need, and the rest of it would be -- and
let's make sure we all agree on it, and we can go ahead and direct
Commissioner Henning to do that.
Mr. Norman had something to offer?
COMMISSIONER HALAS: Commissioner Henning, how do
you feel on this?
CHAIRMAN HENNING: John?
MR. NORMAN: May I?
CHAIRMAN HENNING: Yeah, Mr. Norman? John Norman
from --
MR. NORMAN: I'm speaking not as an employee of the State of
Florida, but as a citizen of Collier County. And I keep listening to the
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May 27,2008
-- all the problems that come up with this Alligator Alley thing.
Consider, if you will, the fact that Broward County and Collier
County can put together as good a deal as anybody. If it has to be
leased, maybe Collier and Broward could go together, lease it. And if
that thing made 23 million this year, and it did, according to
everybody's numbers, raise the rate a dollar, and you'll have 60 million
next year. You can get all the cash you need to build roads and
continue to have an excess of cash after you pay the note back.
Just something to consider. But that's been bugging me, and I
thought, why not bring it up? Don't get mad.
CHAIRMAN HENNING: Thank you, Mr. Norman. That's
something that we did discuss at the MPO. We're still trying to get
some answers from the County Attorney's Office.
A provision within the statutes that the two -- two counties that
are hosting the toll road may take it over if there is no bond debt.
Once a bond debt has been paid off -- and I think there's something
like a $40 million bond debt.
So the idea is for the two counties to get together, pay that bond
off and, you know, take the road -- the toll road over. But they're still
doing research on this.
The bottom line, this board is very concerned about leasing out
our assets, and that's the message that needs to be sent, and also that
this probably will be a discussion by the Board of Commissioners in a
future meeting.
And we're going to look out for the benefits of the residents and
the visiting residents or motoring residents across the alley and do
whatever we can to make sure that the monies be a derivative from
any increase or any tolls be -- stayed here locally.
COMMISSIONER COLETTA: I don't have any problem with
what you just said.
CHAIRMAN HENNING: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. I think John brought up a
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May 27,2008
good point, but I think that the state is looking at this as a cash cow for
them, and I don't know if they'll put us in the mix in regards to
working with Broward County so that the two counties could take this
over.
I think the state's got an idea that this is a cash cow and this is
one way to address some of their revenue shortfalls that they have
with balancing the budget, and I don't believe that all this money is
going to be used in addressing transportation problems throughout the
State of Florida. And I think that's what the problem is.
If the two counties could and if the state would let us, I'm sure
that we, as the two counties, we could address a lot of concerns not
only that Broward has, but what we have here in the upcoming future.
But I believe that it's pretty much a done deal with the state, since
they've taken all of the -- basically set forth this in motion before it
was even released to the public where they wined and dined all these
companies, whether they're here in the State of Florida or the United
States or in foreign countries, to come here at Orlando and sit down
and discuss the possibility of, hey, here's what we've got, we've got
something for sale here, so that's where my concern is.
CHAIRMAN HENNING: Anything else?
COMMISSIONER HALAS: Nope.
CHAIRMAN HENNING: That's it?
Commissioner Fiala?
COMMISSIONER FIALA: Okay. Yes. And, again, we say, as
they continue to sell or lease away our country to foreign countries,
it's just a frightening thing.
And so if you're going to go represent us tonight, let people know
that we all wanted to be there, but the County Attorney suggested that
we should not.
CHAIRMAN HENNING: Well, because of Sunshine Law.
COMMISSIONER FIALA: Yeah, and certainly tell them.
Now, I wanted to also say that I had something -- I was writing
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May 27,2008
an article and talking about the landscaping that is now being reduced.
We're only going to do one road a year for our median landscaping,
and this is something we had -- we had -- well, we're just going to cut
back to one road a year, and there was a schedule and we had voted on
that.
And I understand that even though we hadn't seen it, that
schedule's been changed. And now I'm -- and I was disappointed to
see that they didn't come back to us, number one, to let us know that
they wanted to change that schedule and, number two, to let us know
that the landscaping effort that we had voted on a few years back is
now being changed without ever asking us, and that is, they were
supposed to be planting roadside trees, and they've decided not to do
that either, and nobody ever asked us if we wanted to change that.
CHAIRMAN HENNING: That's coming in our budget. That's
part of our budget. But if it's roads that the board already contracted
to landscape, landscaping contracts, if they're not doing that, that is a
concern.
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Is that true? Or they're just changing
the schedule about landscaping?
COMMISSIONER FIALA: Both things, both things. Now, as to
whether they have put trees on the last one that they were supposed to
landscape, I can't tell you that. I just understood that it was being
changed. Whether they've done that or not already, I don't know.
I can tell you also that the landscaping schedule said they were
supposed to do one part of Immokalee Road, then they were going to
do Rattlesnake Hammock. What they're doing is, as the roads become
finished -- then Rattlesn'ake Hammock, then they were going to do
Vanderbilt Beach, then they were going to do another part of
Immokalee Road, and then they were going to do 951 or, you know,
maybe they're back and forth on that.
But they said because Rattlesnake Hammock isn't finished for a
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May 27, 2008
six-lane highway and it won't be for another month, they've prolonged
that for another year and they're going to do two of -- two of
Immokalee Road, and I thought, that isn't fair.
You know, anyway -- especially because we've already voted on
it. Why are they changing that around?
So I just wanted to mention that, and I'm asking that maybe --
maybe they talk to us about it.
CHAIRMAN HENNING: They're going to talk to us next month
at our budget. It's going -- and I already -- I've asked for the
information. I have the information. If you would like to see it -- I'm
not happy with it either.
COMMISSIONER FIALA: Okay. With the landscaping,
changing of the roads as well?
CHAIRMAN HENNING: Just in my district. So that's what it's
going to come down to, Commissioner Fiala.
COMMISSIONER FIALA: That's yours and my district.
CHAIRMAN HENNING: You have a road.
COMMISSIONER FIALA: Oh, that's just yours.
CHAIRMAN HENNING: I have a road, you know, and it's
going to be difficult.
COMMISSIONER FIALA: Actually, I don't even know if! have
a road because that -- I think that -- Rattlesnake Hammock, that's
yours, isn't it? Is that just mine?
CHAIRMAN HENNING: It's yours.
COMMISSIONER FIALA: Oh, it is. Okay. I don't know. I'm
sorry .
CHAIRMAN HENNING: I probably have a couple trees in it.
I'm sorry. I interrupted you.
COMMISSIONER FIALA: But anyway -- that's all right, that's
all right. I just wanted to bring that to your attention. I just -- I would
like to see it go back to what we voted.
CHAIRMAN HENNING: Anything else, Commissioner?
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May 27,2008
COMMISSIONER FIALA: No.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. One thing, speaking of toll
roads. The Expressway Authority had a meeting last week, and one of
the things they're still looking at is the idea of a reversible lane down
the center. And the direction of this commission is that they're
opposed to toll roads.
Now, there's an interesting thing that came up in that discussion,
was the fact that this particular venture they're looking at -- and this
would put off the need for any kind of toll roads in the future for quite
a few years if you were able to build this capacity -- and I don't know
how many years it would be in the future -- but the cost of it as
compared to what it was, the original project, which was close to three
quarters of a billion dollars or more, is only 120 million. Now, I know
120 million is nothing to sneeze at.
But because of the way it's situated in the middle median and
what it would require to build it is a lot less than it would be to do a lot
of other projects.
Tammy Hall in the discussion, she seemed to be quite interested
in the thought. Maybe there's a possibility that down the road Collier
County and Lee County would like to come up with something where
they would like to have a joint project and do something that would
not involve a toll road as far as this reversible lane goes.
Nothing more on it at this point in time, but this is a thought
process that I threw out one time. There wasn't objections to it, but
there was a lot of, let's look at that as we get into it.
CHAIRMAN HENNING: Thank you. Is there anything else?
COMMISSIONER COLETTA: No. That's all I have. Thank
you.
CHAIRMAN HENNING: Okay. I was informed this Clam Bay
study contract is going to come to the Board of County
Commissioners. So it's your understanding you're going to put that off
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May 27, 2008
until we get the preference?
MR. MUDD: Yes, sir. What I was able to find out on PBS&J,
it's a -- it was an already -- a competitively bid process, so it's a
standing contract, and they're doing work orders on that particular
contract.
I will also tell you, it's -- this has to do with the CCNA, and that
pretty much is off limits, so to speak, on the local preference issue.
So I believe it's an existing contract. It isn't one that you're
waiting to award at some future time.
CHAIRMAN HENNING: Okay. So it won't come to the board?
MR. MUDD: No, sir, unless it exceeds a certain amount, sir.
CHAIRMAN HENNING: Okay. All right.
Anything else?
(No response.)
CHAIRMAN HENNING: We only have one item, and that's a
motion to adjourn.
COMMISSIONER COLETTA: Second.
COMMISSIONER HALAS: Motion to adjourn.
CHAIRMAN HENNING: Motion by Commissioner Halas,
second by Commissioner Coletta.
Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye, it's 3:00.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: We're adjourned.
COMMISSIONER HALAS: And Commissioner Henning, I
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May 27,2008
wish you well tonight at the presentation. I hope that you can get their
attention.
Thank you.
****Commissioner Halas moved, seconded by Commissioner Fiala
and carried unanimously (Commissioner Coyle absent) that the
following items under the Consent and Summary Agendas be
approved and/or adopted ****
Item #16A1
FINAL AND UNCONDITIONAL CONVEYANCE OF THE
WATER UTILITY FACILITY FOR FIDDLER'S CREEK CLUB
CENTER - W /RELEASE OF ANY UTILITIES PERFORMANCE
SECURITY (UPS)
Item #16A2
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR FIDDLER'S CREEK - PHASE 2AGC RUNWAY
LANE - W /RELEASE OF ANY UTILITIES PERFORMANCE
SECURITY (UPS)
Item # 16A3
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR MASTERS RESERVE, PHASE 2 -
W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY
(UPS)
Item #16A4
Page 170
May 27,2008
RESOLUTION 2008-149: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF MANDALA Y WITH THE
ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIV ATEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item # 16A5
RESOLUTION 2008-150: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF ASHTON PLACE (LEL Y RESORT
PUD), THE ROADWAY AND DRAINAGE IMPROVEMENTS
WILL BE PRIVATELY MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item # 16A6
RESOLUTION 2008-151: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF PRESTWICK PLACE, (LEL Y
RESORT PUD). THE ROADWAY AND DRAINAGE
IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED -
W /RELEASE OF THE MAINTENANCE SECURITY
Item #16A7
AN ENCROACHMENT AGREEMENT FOR LOT 77, THE
LODGINGS OF WYNDEMERE - IN ORDER FOR THE OWNER
TO REPLACE AN EXISTING POOL ENCLOSURE AND
EXISTING METAL LANAI ROOF WHICH ENCROACHES 2.0
FEET INTO A 15-FOOT DRAINAGE EASEMENT WHICH IS
Page 171
May 27,2008
DEDICATED TO COLLIER COUNTY (PROPERTY OWNER IS
RESPONSIBLE FOR ANY RECORDING FEES)
Item # 16A8
WAIVER OF THE FORMAL COMPETITIVE THRESHOLD AND
AUTHORIZES STAFF TO USE THE NAPLES DAILY NEWS
FOR ALL REQUIRED LEGAL ADVERTISING EXPENDITURES.
IT IS ANTICIPATED THAT THE ZONING AND LAND
DEVELOPMENT REVIEW DEPARTMENT WILL EXCEED
$50,000 PER YEAR
Item # 16A9
DIRECTION TO THE COUNTY ATTORNEY AND THE
COUNTY MANAGER (OR HIS DESIGNEE) TO ADVERTISE AN
AMENDMENT TO THE COLLIER COUNTY CONSOLIDATED
IMPACT FEE ORDINANCE, FOR CONSIDERATION AT THE
NEXT AVAILABLE REGULAR MEETING OF THE BOARD OF
COUNTY COMMISSIONERS, TO REMOVE AN OBSOLETE
REFERENCE TO THE CAPITAL IMPROVEMENT ELEMENT IN
THE USE OF FUNDS PROVISIONS IN ORDER TO MAINTAIN
THE INTERNAL CONSISTENCY OF THE ORDINANCE AS
RECOMMENDED BY THE COUNTY ATTORNEY
Item #16AI0
RESOLUTION 2008-152: A RESOLUTION AMENDING THE
COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE
OF DEVELOPMENT-RELATED REVIEW AND PROCESSING
FEES AS PROVIDED FOR IN THE CODE OF LAWS AND
ORDINANCES, SECTION 2-11 - REPEALS COUNTY
Page 172
May 27,2008
RESOLUTION 2007-357 AND IMMEDIATE EFFECTIVE DATE
Item #16All
RELEASE AND SA TISF ACTIONS OF LIEN FOR PAYMENTS
RECEIVED FOR THE FOLLOWING CODE ENFORCEMENT
ACTIONS - AS DETAILED IN THE EXECUTIVE SUMMARY
ON VARIOUS CODE ENFORCEMENT MATTERS,
ACKNOWLEDGING COMPLIANCE AND RECOVERY OF
FINES AND FEES
Item #16A12
REQUEST BY BRIAN JONES OF ADVENTURE TRAINING
CONCEPTS, LLC FOR A TEMPORARY USE PERMIT IN
ACCORDANCE WITH THE PROVISIONS OF THE LAND
DEVELOPMENT CODE (LDC) FOR TWO ADDITIONAL
WEEKS BEYOND THE FOURTEEN DAY TIME LIMIT
ALLOWED BY THE LDC FOR A SUM TOTAL OF 28 DAYS
DURING THE 2008 CALENDAR YEAR TO CONDUCT
CORPORATE TRAINING EVENTS ON PROPERTY LOCATED
IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT,
LOCATED ON RED HAWK LANE IN SECTION 04, TOWNSHIP
47E, RANGE 27S AND TO REQUEST A FEE WAIVER FOR THE
COST OF EACH TEMPORARY USE PERMIT TO ALLOW THE
APPLICANT TO PAY TWO HUNDRED DOLLARS FOR ONE
PERMIT THAT WOULD ENCOMPASS THE ENTIRE LENGTH
OF TIME ALLOWED BY THE LDC OR AS APPROVED BY THE
BOARD OF COUNTY COMMISSIONERS (BOARD), RATHER
THAN TWO HUNDRED DOLLARS PER PERMIT PER EVENT
Item #16A13
Page 173
May 27,2008
TO REJECT A PROPOSED SETTLEMENT AGREEMENT
PROVIDING FOR COMPROMISE AND RELEASE OF LIEN IN
THE CODE ENFORCEMENT ACTION ENTITLED COLLIER
COUNTY V. DONALD E. GRAY, CEB NO. 2004-005,
RELATING TO PROPERTY LOCATED AT 267 3RD STREET
WEST, COLLIER COUNTY, FLORIDA - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16Bl
TO REJECT RFP 08-5007, "RIGHT OF WAY EASEMENT
ACQUISITION SERVICES - GOLDEN GATE BOULEVARD" NO
FISCAL IMPACT - RIGHT -OF -WAY DEPARTMENT TO
UTILIZE ITS IN-HOUSE ACQUISITION AGENTS
Item #16B2 - Moved to Item #10F
Item #16B3
ONE (1) ADOPT-A-ROAD PROGRAM AGREEMENT WITH
TWO (2) ROADWAY RECOGNITION SIGNS AT A TOTAL
COST OF $150.00 - W/MARINO ACUPUNCTURE FOR THE
SEGMENT OF ROADWAY KNOWN AS IMMOKALEE
ROAD/CR 846 (FROM STRAND BOULEVARD TO AIRPORT
ROAD)
Item #16B4
A BUDGET AMENDMENT TO TRANSFER FUNDS INTO THE
FREEDOM PARK (AKA GORDON RIVER WATER QUALITY
PARK), PROJECT NUMBER 510185, IN THE AMOUNT OF
Page 174
May 27,2008
$139,040.85 - FUNDS TO BE TRANSFERRED ARE: $90,040.85
(FROM FUND 325, PROJECT #510059) AND $49,000.00 (FROM
FUND 325, PROJECT #510212)
Item #16B5
COLLIER METROPOLITAN PLANNING ORGANIZATIONS
(MPO) OPERATING BUDGET FOR FY 2008/09, INCLUDING A
$5,000 COUNTY MATCH FOR FEDERAL HIGHWAY
ADMINISTRATION PLANNING (PROGRAM TOTAL OF
$1.373,892) - BEGINS ON JULY 1. 2008
Item # 16B6
TO AUTHORIZE THE CHAIRMAN OF THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE
UTILITY F ACILITIES WARRANTY DEED AND BILL OF SALE
FOR SEWER FACILITIES THAT LIE WITHIN THE RIGHT-OF-
WAY ON DA VIS BOULEVARD AT THE COLLIER AREA
TRANSIT (CAT) FACILITY - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16B7
TO BRING BACK TO THE BOARD OF COUNTY
COMMISSIONERS AN ORDINANCE AMENDING COLLIER
COUNTY ORDINANCE NO. 72-1, AS AMENDED (THE
COLLIER COUNTY LIGHTING DISTRICT) BY AMENDING
SECTION ONE, AREA ESTABLISHED, TO ADD: THE
SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 49 SOUTH
RANGE 25 EAST AND ALL OF THE LANDS LYING WITHIN
THE BOUNDARIES OF THE PLAT OF MAJESTIC PINES AS
Page 175
May 27,2008
RECORDED IN PLAT BOOK 20, PAGES 55 AND 56 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO THE
COLLIER COUNTY LIGHTING DISTRICT; PROVIDING FOR
THE INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE-
TO INCLUDE THE JAEGER COMMERCIAL INDUSTRIAL
CENTER AND THE MAJESTIC PINES SUBDIVISIONS
Item #16Cl
A LICENSE AGREEMENT WITH GULF COAST CITRUS
CARETAKING, INC., FOR THE USE OF COLLIER COUNTY
W A TER- SEWER DISTRICT -OWNED PROPERTY AT THE
NORTHEAST WATER TREATMENT PLANT AND WATER
RECLAMATION FACILITY SITE - TO PROVIDE
MANAGEMENT, MAINTENANCE AND CARETAKING
SERVICES AT, AND GENERATE POTENTIAL REVENUE
FROM, VACANT DISTRICT LAND UNTIL SUCH TIME AS
DEVELOPMENT COMMENCES
Item #16C2
TO AMEND CONTRACT #07-4138 RECLAMATION OF
COLLIER COUNTY LANDFILL CELLS 1 & 2 BY (A)
DELETING SECTION 5.4 LIMITS ON COUNTY PAYMENTS
AND (B) AMENDING SECTION 8. TERMS TO FACILITATE
PAYMENTS FOR EARLIER COMPLETION AND TO SHORTEN
PROJECT TERM FROM 24 MONTHS TO 16 MONTHS - WASTE
MANAGEMENT INC. OF FLORIDA
Item #16C3
Page 176
May 27,2008
A BUDGET AMENDMENT REALLOCATING CAPITAL
PROJECT BUDGETS WITHIN THE SOLID WASTE CAPITAL
PROJECTS FUND 474 IN THE AMOUNT OF $250,000 - TO
TRANSFER FUNDS FROM THE NORTHEAST RECYCLE
CENTER, SOLID WASTE PROJECT MANAGEMENT
OVERSIGHT, AND THE LANDFILL OPERATIONS PROJECTS
(ALL IN THE SOLID WASTE CAPITAL PROJECTS, FUND 474)
Item # 16C4
THE COMMUNICATION OF CONCERNS FROM THE COLLIER
COUNTY WATER-SEWER DISTRICT, BY LETTER, UNDER
THE SIGNATURE OF THE CHAIR OF THE BOARD OF
COUNTY COMMISSIONERS, EX-OFFICIO, THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, TO THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT RELATIVE TO THE PROPOSED REVISIONS TO
FLORIDA ADMINISTRATIVE CODE CHAPTER 40E-24 (YEAR-
ROUND IRRIGATION RULE)
Item #16Dl
A BUDGET AMENDMENT TOTALING $522,000 FROM PARKS
AND RECREATION IMPACT FEE FUND 346 RESERVES TO
FUND PURCHASING OF PROPERTY TO PROVIDE OFF-SITE
REMOTE PARKING FOR BA YVIEW PARK PROJECT #800603
Item # 16D2
THE AFTER-THE-FACT SUBMITTAL OF THE JUSTICE AND
MENTAL HEALTH COLLABORATION PROGRAM GRANT
Page 177
May 27,2008
APPLICATION AND MEMORANDUM OF UNDERSTANDING
IN THE AMOUNT OF $250,000 TO THE UNITED STATES
DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE
ASSISTANCE AND, IF AWARDED, TO SERVE AS THE FISCAL
AGENT AND TO AUTHORIZE STAFF TO NEGOTIATE A SUB-
RECIPIENT AGREEMENT WITH THE COLLIER COUNTY
SHERIFF'S OFFICE AND THE DAVID LAWRENCE CENTER-
PROJECT HAS A TIMEFRAME OF THREE YEARS AND THE
SCOPE OF THE PROPOSED WORK INCLUDES: PLANNING
AND IMPLEMENTING A REFERRAL PROCESS, INCREASING
COMMUNICATION AND STREAMLINING DATA
COLLECTION AND PROGRAM EVALUATION TO
DEMONSTRATE SUCCESSFUL INTERFACE BETWEEN THE
CRIMINAL JUSTICE AND MENTAL HEALTH SYSTEMS
Item #16D3
TO RECOGNIZE REVENUE RECEIVED FROM UNIVERSAL
SERVICES ADMINISTRATIVE COMPANY (USAC) IN THE
AMOUNT OF $48,000 AND APPROPRIATE FUNDS TO
PURCHASE AND INSTALL PUBLIC COMPUTER
MANAGEMENT SOFTWARE IN OUR PUBLIC LIBRARIES
Item # 16D4
APPLICATION FOR A HEAL TH INFORMATION
TECHNOLOGY SPECIAL CONGRESSIONAL INITIATIVE
EARMARK FROM THE UNITED STATES DEPARTMENT OF
HEAL TH AND HUMAN SERVICES TO DEVELOP AND
IMPLEMENT A SHARED INFORMATIONAL DATABASE
BETWEEN THE PORTALS OF ENTRY FOR THE POOR INTO
THE HEALTH CARE ~YSTEM ($323,911)
Page 178
May 27,2008
Item #16D5
AN AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY FOR TRANSPORTING SCHOOL- AGE
RECREATION PROGRAM PARTICIPANTS AT AN
ESTIMATED COST OF $106,000 - FOR SUMMER CAMP
PROGRAM TRANSPORTATION NEEDS
Item #16E1
AMENDMENT OF CONTRACT NO. 08-5011 "ANNUAL
CONTRACT FOR UNDERGROUND UTILITY CONTRACTING
SERVICES" WITH D.N. HIGGINS, INCORPORATED; KYLE
CONSTRUCTION CORPORATION; QUALITY ENTERPRISES,
INCORPORATED; MITCHELL AND STARK CORPORATION;
AND HASKINS, INCORPORATED TO CHANGE WORK ORDER
SIGNATURE REQUIREMENTS - DELETING LANGUAGE IN
SECTION 2, STATEMENT OF WORK, REGARDING
REQUIRING THE COUNTY ATTORNEY'S SIGNATURE ON
WORK ORDERS BETWEEN FIFTY THOUSAND DOLLARS
AND LESS THAN TWO HUNDRED THOUSAND DOLLARS
Item # 16E2
AN AGREEMENT FOR SALE AND PURCHASE WITH
RICHARD F. BERMAN AS TRUSTEE OF AN UNRECORDED
TRUST AGREEMENT DATED JULY 27, 1998 AND KNOWN AS
THE RICHARD F. BERMAN REVOCABLE TRUST OF 1998 FOR
1.14 ACRES UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM, AT A COST NOT TO EXCEED
$22,700 - IN GOLDEN GATE ESTATES, UNIT 53 (RED MAPLE
Page 179
May 27, 2008
SWAMP PRESERVE), PROPERTY rD #39540200001
Item # 16E3
AN AGREEMENT FOR SALE AND PURCHASE WITH
RICHARD F. BERMAN FOR 1.14 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $18,700 - IN GOLDEN GATE
ESTATES, UNIT 53 (RED MAPLE SWAMP PRESERVE),
PROPERTY ID #39490760002
Item #16E4
AN AGREEMENT FOR SALE AND PURCHASE WITH
LORRAINE F. O'ROURKE, AS ANCILLARY PERSONAL
REPRESENTATIVE OF THE FLORIDA ESTATE OF TERRANCE
O'ROURKE, DECEASED, FOR 1.14 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $27,820 - IN GOLDEN GATE
ESTATES, UNIT 65 (WINSHESTER HEAD MUL TI-P ARCEL
PROJECT), PROPERTY ID #39958280008
Item #16E5
AN AGREEMENT FOR SALE AND PURCHASE WITH
VIRGINIA J. FREITAS, TRUSTEE OF THE VIRGINIA J.
FREITAS REVOCABLE TRUST AGREEMENT DATED
SEPTEMBER 7,2005 FOR 2.27 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $44,400 - IN GOLDEN GATE
ESTATES, UNIT 42 (HORSEPEN STRAND), PROPERTY ID
#38847240008
Page 180
May 27,2008
Item # 16E6
AN AGREEMENT FOR SALE AND PURCHASE WITH KA YE
HOMES, INC., A FLORIDA CORPORATION FOR 4.00 ACRES
UNDER THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM, AT A COST NOT TO EXCEED $340,700 - IN
NAPLES FARMS SITES: PROPERTY ID #61731040006,
#61730960006 AND #61731000004
Item #16E7
AN AGREEMENT FOR SALE AND PURCHASE WITH
VIRGINIA ANNE DEVISSE, TRUSTEE OF THE VIRGINIA
ANNE DEVISSE TRUST DATED DECEMBER 22,1990 FOR 8.65
ACRES UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM, AT A COST NOT TO EXCEED
$138,250 - IN GOLDEN GATE ESTATES, UNIT 53 (RED MAPLE
SWAMP PRESERVE), PROPERTY ID #39493880002
Item # 16E8
AN AGREEMENT FOR SALE AND PURCHASE WITH FRANK
1. CELSNAK AND MARLENE J. CELSNAK, AS TRUSTEES
U/D/T (OR U/A) DATED 27 DECEMBER 1991 FOR 1.14 ACRES
UNDER THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM, AT A COST NOT TO EXCEED $18,700 - IN
GOLDEN GATE ESTATES, UNIT 53 (RED MAPLE SWAMP
PRESERVE), PROPERTY ID #39492360002
Item #16E9
Page 181
May 27, 2008
THE GRANTING OF AN EASEMENT FOR INGRESS AND
EGRESS TO THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA, AT NO
ADDITIONAL COST TO THE COUNTY (SHELL ISLAND
ROAD) - PROPERTY PARCEL IS LOCATED ON THE WEST
SIDE OF SR 951 ADJOINING ROOKERY BAY
Item #16E1O
A FINAL MANAGEMENT PLAN FOR THE WET WOODS
PRESERVE UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16Ell
TO AWARD BID #08-5046 "PURCHASE AND INSTALLATION
OF HURRICANE SHUTTERS ON THE MAIN GOVERNMENT
COMPLEX" TO JANSEN SHUTTER AND SPECIAL TIES IN THE
AMOUNT OF $105,102 - SHUTTER PROTECTION NEEDED AT
THE HUMAN RESOURCES BUILDING (BLDG. B),
PURCHASING BUILDING (BLDG. G), CHILLER PLANT
(BLDG. K), FACILITIES MANAGEMENT (BLDG. W) AND RISK
MANAGEMENT BUILDING (BLDG. D); HAZARD
MITIGATION GRANT PROGRAM TO HA VE
REIMBURSEMENT OF 75% BY THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY
MANAGEMENT
Item #16F1
TO RECOGNIZE AND ACCEPT A DONATION FROM ATRUS,
Page 182
May 27,2008
INC., A SOLE SOURCE SUPPLIER, VALUED AT $5,000 FOR
INST ALLA TION OF AED NOTIFICATION EQUIPMENT AND
SOFTWARE AS WELL AS TWO YEARS OF SERVICE VALUED
AT $48,000 - THE ATRUS AED LINK WILL AFFORD THE
CITIZENS OF COLLIER COUNTY THE BENEFIT OF HAVING
REGISTERED AED LOCATIONS AVAILABLE TO CITIZEN
RESPONDERS THROUGH THE COUNTY'S DISPATCH
SYSTEM, POTENTIALLY PROVIDING ASSISTANCE PRIOR
TO THE ARRIVAL OF FIRST RESPONDERS AND
ULTIMA TEL Y IMPROVING PATIENT OUTCOMES DUE TO
EARL Y DEFIBRILLATION
Item # 16F2
TO DIRECT STAFF TO ADVERTISE THE PROPOSED
AMENDED BYLAWS, AS APPROVED BY THE EMERGENCY
MEDICAL SERVICES ADVISORY COUNCIL ON APRIL 30,
2008, AND THE PROPOSED AMENDED ORDINANCE,
AMENDING ORDINANCE NO. 80-80, AS AMENDED - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item # 16F3
A CONTRACT WITH TURBOMECA USA FOR HELICOPTER
MAINTENANCE AND PART REPLACEMENT FOR AN
ESTIMATED COST OF $97,000 IN FY09 - CONTRACT WILL
GO INTO EFFECT UPON THE OVERHAUL OF THE ENGINES
WHICH IS EXPECTED TO BE WITHIN THE NEXT TEN (10)
MONTHS
Item #16G 1
Page 183
May 27,2008
TO EXECUTE A SHORELINE ST ABILIZA TION GRANT
AGREEMENT(S) BETWEEN THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY AND A GRANT
APPLICANT(S) WITHIN THE BA YSHORE GA TEW A Y
TRIANGLE COMMUNITY REDEVELOPMENT AREA
(PROPERTY LOCATED AT: 2854 BECCA AVENUE) ($5,000)
Item #16G2
TO EXECUTE A SITE IMPROVEMENT GRANT
AGREEMENT(S) BETWEEN THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY AND A GRANT
APPLICANT(S) WITHIN THE BA YSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA
(PROPERTY LOCATED AT: 4260 BAYSHORE DRIVE)
($7,543.47)
Item #16G3
TO EXECUTE A SITE IMPROVEMENT GRANT
AGREEMENT(S) BETWEEN THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY AND A GRANT
APPLICANT(S) WITHIN THE BA YSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA
(PROPERTY LOCATED AT: 1570 SHADOWLAWN DRIVE)
($8,000)
Item # 16G4
TO EXECUTE A SWEAT EQUITY GRANT AGREEMENT(S)
BETWEEN THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY AND A GRANT APPLICANT(S)
Page 184
May 27, 2008
WITHIN THE BA YSHORE GA TEW A Y TRIANGLE
COMMUNITY REDEVELOPMENT AREA (PROPERTY
LOCATED AT: 160 JEEPERS DRIVE) ($1.000)
Item #16GH1
COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL
FOR REIMBURSEMENT FOR ATTENDING A FUNCTION
SERVING A VALID PUBLIC PURPOSE. COMMISSIONER
FIALA ATTENDED THE MARCO ISLAND FOUNDATION FOR
THE ARTS ANNUAL MEETING ON MAY 2,2008 AT THE
MARCO ISLAND YACHT CLUB; $35.00 TO BE PAID FROM
COMMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H2
COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL
FOR REIMBURSEMENT FOR ATTENDING A FUNCTION
SERVING A VALID PUBLIC PURPOSE. TO ATTEND THE
ZONTA CLUB OF NAPLES 35TH ANNIVERSARY DINNER ON
JUNE 14,2008 AT THE NAPLES BEACH HOTEL AND GOLF
CLUB, NAPLES, FL.; $60.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16I1
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED.
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 185
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 27,2008
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1)
Affordable Housing Commission:
Minutes of March 13, 2008.
2)
Collier Countv Coastal Advisorv Committee:
Minutes of April 10, 2008.
3)
Collier Countv Code Enforcement Board:
Minutes of March 27, 2008.
4)
Collier Countv Planning Commission:
Agenda of May 1,2008.
5)
East of 951 Infrastructure and Services Horizon Studv Public
Participation Master Plan Committee:
Minutes of October 16, 2006; November 27, 2006; December 19,
2006; January 22, 2007; February 12,2007; March 19,2007; April 16,
2007; May 14, 2007; June 11, 2007; July 9, 2007; August 13, 2007;
September 10, 2007; December 10, 2007; December 18, 2007; January
14,2008; February 12, 2008; February 19,2008; March 10,2008.
6)
Emergencv Medical Services Advisorv Council:
Minutes of March 25, 2008.
7)
Environmental Advisorv Council:
Agenda of May 7, 2008
Minutes of March 5-6, 2008; April 2, 2008.
8)
Habitat Conservation Plan Ad Hoc Committee:
Minutes of March 12,2008.
9)
Haldeman Creek Maintenance Dredging Advisorv Committee:
Agenda of April 10, 2008.
Minutes of April 10, 2008.
10)
Hispanic Affairs Advisorv Board:
Minutes of March 27, 2008.
l
11) Immokalee Enterprise Zone Development Agencv:
Agenda of November 14, 2007; December 19,2007; January 16, 2008;
February 20, 2008; March 19; 2008; April 30, 2008;
Minutes of October 17,2007; October 17, 2007; November 14, 2007;
December 19, 2007; January 16, 2008; February 20, 2008; March 19,
2008;
a.) Immokalee Enterprise Zone Development Agencv/ Immokalee
CRA Advisorv Board:
Agenda of December 19, 2007.
Minutes of
12) Immokalee Local Redevelopment Advisorv Board:
Agenda of October 17, 2007; November 14, 2007; December 19,
2007; January 16,2008; February 20, 2008; March 19, 2008; April 30,
2008; April 3, 2008;
Minutes of October 17, 2007; October 17,2007; November 14, 2007;
December 19, 2007; January 16, 2008; February 20, 2008; March 19,
2008; April 3, 2008; April 3, 2008;
b.) Immokalee Joint - Local Redevelopment Advisorv Board and
Master Plan and Visioning Committee:
Agenda of January 16, 2008; February 20, 2008; March 19;
2008; April 30, 2008;
Minutes of September 26, 2008; January 16, 2008; February 20,
2008; February 20, 2008; March 19,2008;
13) Immokalee Master Plan and Visioning Committee:
Agenda of October 17, 2007; November 14, 2007; December 19,
2007;
Minutes of September 19, 2007; October 17, 2007; November 14,
2008; December 19, 2007;
14) Land Acquisition Advisorv Committee:
Agenda of May 12, 2008.
15) Pelican Bav Services Division Board:
Agenda of May 7, 2008.
16) Radio Road Beautification Advisorv Committee:
Agenda of April 15, 2008.
Minutes of March 18,2008.
17) Rural Lands Stewardship Area Review Committee:
Minutes of April 1, 2008.
B. Other:
1) Special Magistrate:
Minutes of April 18, 2008.
2) Fire Code Official:
Summary of Plan Review and Time Frame for April 2008.
May 27,2008
Item # 1611
DISBURSEMENTS FOR THE PERIOD OF MAY 03, 2008
THROUGH MAY 09, 2008 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item # 16J2
DISBURSEMENTS FOR THE PERIOD OF MAY 10, 2008
THROUGH MAY 16,2008 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item # 1613
BUDGET AMENDMENT TRANSFERRING COURTS
DIVERSION FEE REVENUES PREVIOUSL Y RECORDED,
INADVERTENTLY, IN THE GENERAL FUND (001) TO THE
COURT OPERATIONS FUND (681) ($488,373) -AS DETAILED
IN THE EXECUTIVE SUMMARY
Item #16J4
BUDGET AMENDMENTS RECOGNIZING CARRYFORWARD
IN TEEN COURT FUND (171) AND TRANSFERRING FUNDS
TO COURT INNOVATIONS FUND (192) IN ACCORDANCE
WITH ORDINANCE 2004-42 IN THE AMOUNT OF $123,900-
AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16J5
AN AGREEMENT AUTHORIZING THE COLLIER COUNTY
SHERIFFS OFFICE TO HAVE TRAFFIC CONTROL
Page 186
May 27, 2008
JURISDICTION OVER PRIVATE ROADS WITHIN THE FOREST
PARK SUBDIVISION - AS REQUESTED BY THE FOREST
PARK MASTER PROPERTY OWNERS ASSOCIATION, INC.
Item #16J6
CHANGE ORDER #1 TO ADD $45,000 TO CONTRACT #07-
4152, "AUDITING SERVICES FOR COLLIER COUNTY", WITH
ERNST AND YOUNG LLP, AND AUTHORIZE A BUDGET
AMENDMENT OF $80,000 TO COVER THE FULL AMOUNT OF
THE AGREEMENT
Item #16K1
THE PROPOSED JOINT MOTION FOR AN AGREED ORDER
AWARDING COSTS RELATING TO PARCEL 143 IN THE
COLLIER COUNTY V CHARLES R. WILSON, ET AL., CASE NO.
02-5164-CA, IMMOKALEE ROAD PROJECT #60018 (FISCAL
IMPACT: $7,000.00) - FOR APPRAISAL FEES AND COSTS
Item #16K2
TO RATIFY AND APPROVE A PRE-LITIGATION FEE DISPUTE
AND SETTLEMENT BETWEEN COLLIER COUNTY
EMERGENCY MEDICAL SERVICES AND INSIDE OUT
SPORTS AND ENTERTAINMENT, LLC, IN THE AMOUNT OF
$3,000.00 FOR SERVICES RENDERED IN 2006 AT THE
CHAMPIONS CLUB NAPLES TENNIS TOURNAMENT
Item #16K3
A MEDIA TED SETTLEMENT AGREEMENT AND A
Page 187
May 27,2008
STIPULATED FINAL JUDGMENT TO BE DRAFTED
INCORPORATING THE SAME TERMS AND CONDITIONS AS
THE MEDIATED SETTLEMENT AGREEMENT IN THE
AMOUNT OF $200,000 FOR THE ACQUISITION OF PARCELS
112 AND 712 IN THE LAWSUIT STYLED CC V WOODMERE
OWNERS ASSOCIATION, INC, ET AL., CASE NO. 06-1332-CA
(COUNTY BARN ROAD PROJECT NO. 60101) (FISCAL
IMPACT $123,396) - FOR ADDITIONAL COMPENSATION,
EXPERT WITNESS FEES, AND STATUTORY ATTORNEYS
FEES
Item #16K4 - Moved to Item #12B
Item # 16K5
AUTHORIZE THE COUNTY ATTORNEY'S OFFICE TO MAKE
A DEMAND FOR JUDGMENT AND AN OFFER OF JUDGMENT
TO METCALF & EDDY, INC., IN AN ATTEMPT TO SETTLE
ONGOING LITIGATION IN THE CASE KNOWN AS COLLIER
COUNTY AND COLLIER COUNTY WATER-SEWER DISTRICT V
METCALF & EDDY, INC AND TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #17A
ORDINANCE 2008-25: AN ORDINANCE TO AMEND THE FEE
PAYMENT ASSISTANCE PROGRAM TO ALLOW EXISTING
COLLIER COUNTY BUSINESSES THAT ARE EXPANDING TO
INCLUDE THE WAGES OF CURRENT EMPLOYEES IN
ESTABLISHING THEIR ELIGIBILITY FOR THE FEE
PAYMENT ASSISTANCE PROGRAM; THE ORDINANCE HAS
Page 188
May 27, 2008
BEEN PREPARED IN ACCORDANCE WITH THE REQUEST BY
THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER
COUNTY AND THE PRIOR DIRECTION OF THE BOARD OF
COUNTY COMMISSIONERS
Item #17B - Moved to Item #8B
Item #17C
RESOLUTION 2008-153/DEVELOPMENT ORDER 2008-01:
PETITION DOA-2007-AR-12651, AVE MARIA DEVELOPMENT,
LLLP, REPRESENTED BY GEORGE VARNADOE, OF CHEFFY,
PASSIDOMO, WILSON, AND JOHNSON, LLP, IS REQUESTING
AN AMENDMENT TO THE TOWN OF AVE MARIA
DEVELOPMENT OF REGIONAL IMP ACT (DRI)
DEVELOPMENT ORDER TO REFLECT AND MEMORIALIZE
CHANGES IN THE FLORIDA STATUTES RELATING TO THE
SALE OF AFFORDABLE HOUSING UNITS PURSUANT TO
FLORIDA STATUTES, SUBSECTION 380.06(19)(E)(2)(K). THE
SUBJECT PROPERTY IS LOCATED IN THE TOWN OF AVE
MARIA, PART OF SECTIONS 4 THROUGH 9 AND SECTIONS
16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST
AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA
Page 189
May 27, 2008
*******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:00 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CO~k
TOM HENNING, Chairman
ATTEST:
DWIG~T;E.BROCK, CLERK
These minut~ed by the Board on(f/.tv1e d4, ot>e& , as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 190