BCC Minutes 09/23/2008 R
September 23, 2008
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 23, 2008
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board( s) of such
special district as has been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN:
Tom Henning
Donna Fiala
Jim Coletta
Fred Coyle
Frank Halas
ALSO PRESENT:
Jim Mudd, County Manager
Sue Filson, BCC Executive Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Office of the Clerk of Court
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
September 23, 2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQillRES 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."
Page 1
September 23, 2008
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Kirt Anderson, Naples Community Church
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. August 18, 2008 - BCC/Emergency Meeting Tropical Storm Fay
C. August 26, 2008 - BCC/Emergency Meeting Tropical Storm Fay
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
A. Proclamation designating October 8, 2008 as International Walk to School
Day. To be accepted by: David Buchheit, Chairman,. Community Traffic
Safety Team and Project Planner for Transportation Planning Dept., Russ
Muller, Site Plan Reviewer Collier County Engineering Services Department
&CTST Member, Nancy Frye, Community Traffic Safety Team
Page 2
September 23, 2008
Secretary/Coordinator &Collier County Traffic Operations Dept.
Engineering Technician, Sybil John, Health Educator for Nutrition and
Fitness Collier County Dept. of Health, JeffStauring, Collier County
Schools Transportation Director, Charles Benson, Collier County Schools
Safety Manager, Joe Bonness, Collier Metropolitan Planning Organization's
Pathways Advisory Committee Chairman &Community Traffic Safety Team
Member.
B. Proclamation recognizing Senator Burt L. Saunders dedicated and
accomplished public service career. To be accepted by Senator Burt L.
Saunders. (Commissioner Jim Coletta)
C. Proclamation designating September 23, 2008 as Team Unity Dance Team
Day. To be accepted by Judy Lora, Dancer, Choreographer and Dance
Instructor.
D. Proclamation designating October, 2008 as Domestic Violence Awareness
Month. To be accepted by Linda Oberhaus, Executive Assistant, Shelter For
Abused Women
E. Proclamation designating October 10, 2008 as Put The Brakes On Fatalities
Day. To be accepted by: Norman Feder, Transportation Services Division
Administrator, David Buchheit, Community Traffic Safety Team Chairman
(Also Transportation Planning Department Project Manager), Charles
Benson, Collier County Schools Safety Manager (Also Community Traffic
Safety Team member), Sgt. Chris Gonzalez, Collier County Sheriffs Office
Sgt. Dave Contessa, Florida Highway Patrol, Lt. Greg Gaffney, Naples
Police &Emergency Services Department
5. PRESENTATIONS
A. Kraft Construction Company, Inc. will present the progress of the
construction of the Gordon River Water Quality Park/Freedom Park. The 50
acre park will improve water quality through a series of created wetlands,
construct boardwalks and pavilions for visitors to observe native habitat and
wildlife and construct a 2,500 sq. ft. education building to promote
environmental education.
Page 3
September 23, 2008
B. Waste Management, Inc. of Florida will give a contractor presentation on
contract 07-4138 Reclamation of Collier County Landfill Cells 1 and 2.
C. Recommendation to recognize Susan Usher, Senior Budget Analyst, Office
of Management and Budget, as Employee of the Month for August 2008.
6. PUBLIC PETITIONS
A. Public petition request by Clay C. Brooker to discuss delayed improvements
at Pine Ridge Road/Whippoorwill Lane intersection and associated fines.
B. Public petition request by Trent Seguin to discuss the new median installed
on Whippoorwill.
C. Public petition request by W. Scott Culp to discuss deferral of impact fees
for Brittany Bay Apartments.
Item 7 and 8 to be heard no sooner than 1 :00 D.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-2007-AR-12419,
ABC Liquors Inc., represented by Heidi K Williams, AICP of Q Grady
Minor and Associates, P.A., is requesting a Conditional Use of the
Commercial Intermediate (C-3) Zoning District with a Special Treatment
(ST) Overlay to increase the maximum allowable square-footage of personal
services, video rental, or retail uses (excluding drug stores, 5912) from 5,000
square-feet of gross floor area to 12,000 square-feet of gross floor area in the
principal structure. The subj ect property, consisting of approximately 1.79+
acres of land, is located in the northeastern quadrant of the CR951 and US41
intersection, in Section 3, Township 51 South, Range 26 East, Collier
County, Florida.
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Collier County Planning Commission.
Page 4
September 23, 2008
B. Discussion regarding Medical Director and EMS. (Commissioner Coyle)
C. Executive Manager to BCC Annual Evaluation
10. COUNTY MANAGER'S REPORT
A. The annual performance appraisal for the County Manager. (Jim Mudd,
County Manager)
B. Review and approve the FY 2009 annual work plan for the County Manager.
(Jim Mudd, County Manager)
C. A report to the Board regarding the integration of behavior based wellness
incentives into the Collier County Group Health Plan. (Jeff Walker, Risk
Management Director)
D. To gain approval from the Board of County Commissioners of a budget
amendment in the amount of $2,002,600 to Fund 517, Group Health and
Life Insurance, to recognize the receipt of reinsurance proceeds and to pay
anticipated claims expenses for the remainder ofFY 2008. (Jeff Walker,
Risk Management Director)
E. To gain approval from the Board of Commissioners to purchase Liability,
Automobile, Workers' Compensation, Flood, Aircraft, and other insurance
and related services for FY 2009 in the amount of $1 ,867,006, a reduction of
$391,644. (Jeff Walker, Risk Management Director)
F. Recommendation to adopt a superseding resolution authorizing the
acquisition by condemnation, if necessary, of fee simple and easement
interests in certain tracts of land in Golden Gate Estates necessary for the
construction of boat ramps and stormwater retention and treatment ponds
required for the expansion of Golden Gate Boulevard from west of Wilson
Boulevard to DeSoto Boulevard. (Project No. 60040) Estimated fiscal
impact: $2,941,632.00. (Norman Feder, Transportation Services
Administrator)
G. Recommendation to adopt a superseding resolution authorizing the
condemnation of fee simple and/or those perpetual or temporary easement
interests necessary for the construction of roadway, drainage and utility
improvements required for the extension of Tree Farm Road from Davila
Page 5
September 23, 2008
Street to Massey Street, and W oodcrest Drive from Immokalee Road to Tree
Farm Road. (Project No. 60171). Estimated fiscal impact: $1,200,000.00.
(Norman Feder, Transportation Services Administrator)
H. Recommendation to approve an Agreement for Sale and Purchase with
Matthew Van Cleave for 38.72 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $2,971,600. (Alex Su1ecki,
Senior Environmental Specialist)
I. Recommendation to award a construction contract in the amount of
$16,512,979.12 to Astaldi Construction Corporation and reserve
$2,435,000.00 on the purchase order for funding allowances, for Bid No. 08-
5106 - "Santa Barbara Boulevard Extension (Rattlesnake Hammock Road to
Davis Boulevard", Project No. 60091, Fiscal Impact $18,947,979.12.
(Norman Feder, Transportation Services Administrator)
J. To provide an opportunity for Immokalee Disposal to explain why it
believes the County should increase the rates paid to Immokalee Disposal
for solid waste collection services; (b) to authorize staff to request additional
information from Immokalee Disposal and take all necessary steps to
determine whether Immokalee Disposal's petition should be granted (in
whole or in part) or denied; and, (c) ensure that any potential rate increase
will be reviewed and approved by the Board before the rate increase takes
effect. (Jim Delony, Public Utilities Administrator)
K. Recommendation for the Board of County Commissioners to approve and
authorize the Chairman to sign a subrecipient agreement providing for a
$1,104,000 Housing and Urban Development (HUD) grant to Habitat for
Humanity of Collier County, Inc. for land purchase and/or foreclosed home
acquisition and rehabilitation. (Marcy Krumbine, Housing and Human
Services Director)
L. Report to the Board regarding the application of the local vendor preference
policy for purchases between $3,000-$50,000. (Steve Carnell, Purchasing
Director)
M. To obtain approval by the Board of Collier County Commissioners for the
annual rate resolution to set landfill tipping fees, recycling center fees,
residential multi-family and commercial waste collection fees for FY09.
This resolution adopts the rates that fund the FY09 budget for solid waste
Page 6
September 23, 2008
collection and disposal. (Jim DeLony, Public Utilities Administrator)
N. Recommendation that the Board of County Commissioners direct the
County Manager, or his designee, to forward the matter of the default of the
Impact Fee Deferral Agreement between Collier County and
CEI/Kensington, Ltd., for the SaddlebrooklPelican Pointe Phase I
Apartments, to the Office of the County Attorney to initiate any and all legal
action including, but not limited to, lien foreclosure, if necessary. (Amy
Patterson, Impact Fee Manager)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. Request for direction to prepare and submit, independent from the current or
next scheduled land development code (LDC) cycle, LDC amendments
applicable to all properties located within State Road 29 Commercial
Overlay Subdistrict, the J efferson Avenue Commercial Overlay Subdistrict,
the Agribusiness Overlay Subdistrict, the Farm Market Overlay Subdistrict,
the Main Street Overlay Subdistrict and potentially other areas within the
Urban Designated Area as depicted on the Immokalee Area Master Plan, to
establish a process allowing for deviations from various provisions of the
following LDC Sections and Subsections: 4.05.00, off-street parking and
loading, 4.06.00 landscaping, buffering, and vegetation removal; 5.03.00
accessory uses and structures, Subsection 5.03.02, fences and wall, Section
5.05.00 supplemental standards for specific uses, Subsection 5.05.05
automobile service stations, and Subsection 5.05.08, architectural and site
design standards, Section 5.06.00 signs. (Penny Phillippi, Immokalee CRA
Director)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
------------------------------------------------------------------------------------------------------------
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
Page 7
September 23, 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.
------------------------------------------------------------------------------------------------------------
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve a PUD amendment zoning fee reduction
request for the Orangetree PUD petition, PUDZ-2003-AR-3608:
Orangetree Associates, petitioner, represented by Davidson
Engineering, Inc.
2) This item reQuires that ex parte disclosure be provided bv
Commission members. Should ahearin2: be held on this item~ all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of First Assembly / Fountain
Lakes.
3) This item reQuires that ex parte disclosure be provided bv
Commission Members. Should a hearin2: be held on this item~ all
participants are reQuired to be sworn in. Recommendation to
approve Petition A VESMT-2006-AR-10571, Big Cypress Flea
Market, to disclaim, renounce and vacate the County' s and the
Public's interest in that portion of a roadway easement as described
by the submitted Exhibit which was originally created in Official
Record Book 244, Page 683 of the Public Records of Collier County,
Florida, situated in Section 17 & 18, Township 51 South, Range 27
East, Collier County, Florida, the vacated portion being more
specifically depicted and described in Exhibit "A";
4) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of White Lake Corporate
Park, Phase Four 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 Briarwood Unit Eleven.
The roadway and drainage improvements will be privately
maintained.
Page 8
September 23, 2008
6) 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.
7) To accept final and unconditional conveyance of the water utility
facility for Mobil Service Station located at the intersection of
Immokalee Road and Creekside Trail.
B. TRANSPORTATION SERVICES
1) Recommendation to endorse the appointment of Floyd Chapin to the
Collier Metropolitan Planning Organization's (MPO) Citizen
Advisory Committee (CAC) as the District 3 representative.
2) Recommendation to approve an Amendment to Agreement related to
the six-Ianing of Davis Boulevard.(Project No. 60073) Fiscal Impact:
None.
3) Recommendation to authorize a budget amendment transferring
appropriations of$ 177,000.00 from the MSTD General Fund (Fund
111) Reserve for Contingencies to a Fund Center in the same Fund for
Tropical Storm Fay related expenditures.
4) Recommendation to grant a Deed of Conservation Easement to the
South Florida Water Management District (SFWMD) for the 98.4 acre
and 10.5 acre mitigation parcels for the Lely Area Stormwater
Improvement Project (LASIP) located in Collier County, Florida.
5) Recommendation for the Board of County Commissioners to approve
a First Amendment to the September 27,2005, Agreement entered
into between McDonald Transit Associates, Inc. and Collier County,
which provides for consolidated management for the Collier Area
Transit and Paratransit Systems, to allow an opportunity to mediate
the rate of compensation for the final two years of the Agreement.
6) Recommendation to approve Work Order #AAI-FT-3588-08-03 to
Ardaman &Associates, Inc. for the quality assurance and materials
testing services for Santa Barbara Boulevard Extension construction
project from Rattlesnake Hammock Road to Davis Boulevard (Project
Page 9
September 23, 2008
#60091), using the Annual Contract for Materials Testing Services,
Contract No. 04-3588, in the amount of $312,000.
7) Recommendation to reject Bid No. 08-5111 "Radio Road
Beautification MSTD/MSTU Roadway Grounds Maintenance" and
authorize Staff to reissue a modified solicitation.
8) Recommendation to approve and execute Medicaid Contract
Amendment Number 7 between Collier County and the Florida
Commission for the Transportation Disadvantaged for a funding
increase in the amount of$125,760.00 for the provision of
transportation for qualified Medicaid recipients.
9) Recommendation to approve a budget amendment to correct the
revenue budget for the Florida Department of Transportation Service
Development Grant in the amount of$95,000.
10) Recommendation to award Contract(s) #08-5060, "Fixed Term
Landscape Architectural Services" to the following firms:McGee
&Associates Landscape Architecture; Urban Green Studio; Goetz +
Stropes Landscape Architects, Inc.; JRL Design; and Windham
Studio, Inc. (Estimated annual amount $350,000).
11) Recommendation to reject bid #08-5071, "U.S. 41 North Tamiami
Trail Effluent Water Conversion."
C. PUBLIC UTILITIES
1) Recommendation to approve budget amendments of approximately
$1,800,000 to transfer projects from various water and wastewater
capital projects funds to a 2006 Revenue Bond Proceeds Fund to
segregate the projects funded by the 2006 Revenue Bond.
2) Recommendation to award Bid 08-5096 to Perkin Elmer in the
amount of $101,747.30 for the purchase and installation of a
simultaneous, dual viewing Inductively Coupled Plasma Optical
Emission Spectrometer.
3) Recommendation to approve the Collier County Water-Sewer
District's participation in a photographic documentary of the Water
Page 10
September 23, 2008
Department and its facilities with independent professional
photographers Dennis Guyitt and Terry Alcorn.
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").
5) Recommendation to authorize a budget amendment transferring
appropriations of $500,000.00 from the Collier County Water-Sewer
District Operations Fund (Fund 408), Reserve for Contingencies to a
Fund Center in the same Fund for Tropical Storm Fay related
expenditures.
D. PUBLIC SERVICES
1) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign an amendment between Collier
County Board of County Commissioners and the Area Agency on
Aging of Southwest Florida to reflect a decrease of $504.27 in grant
funding for nutrition services.
2) Recommendation for the Board of County Commissioners to approve
Collier County's Community Development Block Grant (CDBG),
HOME Investment Partnership Program (HOME) and Emergency
Shelter Grant (ESG) Consolidated Annual Performance and
Evaluation Report (CAPER) for Fiscal Year 2007-2008 as required by
the U.S. Department of Housing and Urban Development (HUD), and
authorize the Chairman to certify the CAPER for submission to HUD,
and approve and authorize the Chairman to sign the attached
Resolution.
3) Recommendation to accept the Library Long Range and Technology
Plans and the current year Action Plan and authorize the Chairman to
sign the FY 2008-2009 State Aid to Libraries Grant Application
permitting the Collier County Public Library to apply for State Aid to
Page 11
September 23, 2008
Libraries.
4) Recommendation for the Board of County Commissioners to approve
two contract renewals for two Master Agreements with the Area
Agency on Aging for Southwest Florida, Inc., relating to grants
awarded to the Services for Seniors programs, authorize the Chairman
to sign the two renewals, and authorize the continued payment of
grant expenditures.
5) Report to the Board on policy for scheduling Library Meeting Room
use by the Public.
6) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $426,750 Housing and Urban Development (RUD)
grant to Housing Opportunities Made for Everyone (H.O.M.E.) for
land purchase and/or foreclosed home acquisition and rehabilitation.
7) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $157,250 Housing and Urban Development (HUD)
grant to the Empowerment Alliance of SW Florida (EASF) for land
acquisition.
8) Recommendation to award bid #08-5051 in the following order to
Cheney Brothers, Sysco, and US Foods for concession food resale and
paper products at North Collier Regional Park at an estimated cost of
$220,000.
9) Recommendation to approve Naples Wholesale Bait as a sole source
supplier of live bait for resale at Caxambas Park and Cocohatchee
River Park Marina with an estimated Fiscal Year 2009 expenditure of
approximately $140,000 and approve a seven day payment schedule
10) Recommendation that the Board of County Commissioners adopt a
Resolution re-establishing the Collier County Parks and Recreation
Department Facilities and Outdoor Areas License and Fee Policy
superseding Resolution 2007-32.
Page 12
September 23, 2008
11) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Frikson
Attilus and Smide L. Attilus (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 39, Trail Ridge, East Naples.
12) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Collier
County Housing Development Corporation (Developer) for deferral of
100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 36, Block 11, Naples Manor Lakes, East
Naples.
13) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FY08,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
FY08.
E. ADMINISTRATIVE SERVICES
1) Recommend to confirm and consent to the re-assignment of the
Municipal Lease and Option Contract with E-One, Inc. to Banc of
America Public Capital Corp.
2) Recommendation to approve an Interim Management Plan for the
Starnes property under the Conservation Collier Land Acquisition
Program.
3) Recommendation to Approve Agreement #08-5102, Independent
Legal Counsel for the Collier County Value Adjustment Board with
the firm of Bond, Schoeneck & King, P .A.
4) Recommendation to approve an Agreement for Sale and Purchase
with Timothy P. Maloney, as Successor Trustee of the Timothy J.
Maloney Credit Shelter Trust created under the Last Will and
Testament of Timothy J. Maloney, dated September 28, 2000for 10
acres under the Conservation Collier Land Acquisition Program, at a
cost not to exceed $741,000.
Page 13
September 23, 2008
5) Recommendation to Approve Agreements #08-5076 and 08-5077 for
the Attorney and Appraiser Special Magistrates for the Collier County
Value Adjustment Board
6) Recommendation to authorize the Chairman to sign U.S. Fish and
Wildlife Service (USFWS) Cooperative Agreement No. 401818J610
to fund habitat restoration at the Otter Mound Preserve in the amount
of $8,400.
7) Recommendation to extend Contract #99-296 I "Energy
Management/Building Controls" to Johnson Controls, Inc., as
intended by the original request for proposal (RFP).
8) Recommendation to approve a Final Management Plan for the Nancy
Payton Preserve under the Conservation Collier Land Acquisition
Program.
9) Recommendation to award Bid No. 08-5101, "Alarm Monitoring
Services" to Dehart Alarms Systems for fire and burglar alarm
services for an estimated annual amount of $25,000.
1 0) Recommendation to approve an Agreement for Sale and Purchase
with An Trinhfor 80 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $775,500.
11) Recommendation to approve an Agreement for Sale and Purchase
with Salvatore Cangialosi and Patricia Cangialosifor 4.56 acres under
the Conservation Collier Land Acquisition Program, at a cost not to
exceed $348,250.
12) Recommendation that the Board of County Commissioners approves
amendment A-I to Contract # 08-5064 "Annual Contract for Manhole
and Lift Station Rehabilitation Contracting Services" to Paints
&Coatings, Inc., to add additional clauses to the contract for
clarification of vendors' responsibilities and authorize the Chairman
to sign said amendment.
13) Recommendation that the Board of County Commissioners approves
amendment A-I to Contract # 08-5064 "Annual Contract for Manhole
and Lift Station Rehabilitation Contracting Services" to Chaz
Page 14
September 23, 2008
Equipment Company, Inc., to add additional clauses to the contract
for clarification of vendors' responsibilities and authorize the
Chairman to sign said amendment.
14) Recommendation to approve an Agreement for Sale and Purchase
with Louis H. Stirns and Mary H. Stirns for 9.70 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $714,300.
F. COUNTY MANAGER
1) Recommendation that the Board of County Commissioners approve
grant agreement 2008CKWXO 170 in the amount of $350,738 from the
United States Department of Justice, Office of Community Oriented
Policing Services (COPS) Technology Program for public safety
technology equipment and approve all necessary budget amendments.
2) Recommendation that the Board of County Commissioners approve
Agreement 09CP-04-09-21-0 1-000 between the Florida Department
of Community Affairs and Collier County accepting $8,302 for the
preparation of Hazards Analysis Reports for facilities storing
extremely hazardous substances within Collier County and approve
the Budget Amendment necessary to recognize and appropriate
$8,302 as revenue.
3) Recommend the Board of County Commissioners approve a payment
to the Clerk of the Circuit Court for reimbursement of costs incurred
by the Clerk for services rendered to the Collier County Value
Adjustment Board for 2007 (total cost is $102,204.18).
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2007-08 Adopted Budget.
5) Recommend that the Board of County Commissioners approves an
amendment for the extension time of Tourism Agreement with Marco
Island Historical Society for building a museum on Marco Island.
6) Review of Quarterly report on the tourism industry in Collier County.
Page 15
September 23, 2008
7) Recommendation for the Board of County Commissioners to approve
agreement between Collier County and DiaMonde e.K. in FY 09 for
International marketing representation services in the amount of
$190,000 and authorize the Chairman to sign said Agreement.
8) Recommendation to approve Amended Contract # 1904 between the
Board of Collier County Commissioners and Florida Department of
Agriculture and Consumer Services, Division of Forestry, for fire
protection of forest and wild lands within Collier County.
($28,126.98)
9) Recommendation for the Board of County Commissioners to approve
six (6) Tourism Agreements for FY 09 Tourist Tax Category "C-2"
Grant Requests totaling $567,500 and authorize the Chairman to sign
said Agreements.
1 0) Recommendation for the Board of County Commissioners to approve
three (3) Tourism Agreements for FY 09 Tourist Tax Category "B"
Grants requests totaling $62,265 and authorize the Chairman to sign
said Agreements.
11) Recommendation that the Board of County Commissioners waive
formal competition as authorized in the Purchasing Policy, and follow
the three (3) quote process in lieu of the Request for Proposal process,
and accept the bid proposal (lowest bid) from Collier Seawall & Dock
for $57,900 in order to construct the retention wall at the Isles of
Capri Fire Station.
12) Recommendation to approve the annual five percent (5%) increase in
Consultant Fees for the Medical Director of Emergency Medical
Services as described in the Emergency Medical Services Medical
Consultant Contract for a total of $105,500 for FY 09 and to designate
Dr. Doug Lee as the Medical Director's Appointee.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation to the Community Redevelopment Agency (CRA)
to approve three CRA staff and one Advisory Board member
attendance at the Florida Redevelopment Association 2008 Annual
Page 16
September 23, 2008
Conference; authorize payment of attendees' registration, lodging,
travel and per diem from the Immokalee CRA Trust Fund (Fund 186)
travel budget; and declare the training received as serving a valid
public purpose.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Henning request for Board approval for payment to
attend function serving a valid public purpose. Commissioner
Henning attending the Economic Development Council Industry
Awards Ceremony on September 13,2008. $50.00 to be paid from
Commissioner Henning's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the 9-11-01 Remembrance Luncheon on September 10,
2008 at Marco Island Marriott Beach Resort in Marco Island, FL.
$30.00 to be paid from Commissioner Fiala's travel budget.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the EDC Excellence in Industry Awards on September 13,
2008 at Sugden Community Theatre in Naples, FL. $50.00 to be paid
from Commissioner Fiala's travel budget.
4) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the United Way of Collier County 2008 Campaign
recognition Breakfast on Wednesday, October 1, 2008, at the Hilton
Naples. $20.00 to be paid from Commissioner Halas' travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1). To obtain Board approval for disbursements for the period of
September 6, 2008 through September 12, 2008 and for submission
Page 17
September 23, 2008
into the official records of the Board.
2) To obtain Board approval for disbursements for the period of August
30, 2008 through September 05, 2008 and for submission into the
official records of the Board.
K. COUNTY ATTORNEY
1) That the Board of County Commissioners make a finding that: (I)
pursuant to Section 10.02.13.F.5 of the Land Development Code
(LDC), that the timing of the developer commitment of providing a
point of egress and intersection improvements prior to the issuance of
the first certificate of occupancy as required by the Coconilla Planned
Unit Development Ordinance No. 05-15 is no longer necessary; and
(2) that the appropriate County staff issue certificates of occupancy
for the first tower building and dwelling units therein prior to the
completion of the referenced access improvements.
2) Recommendation to approve settlement after mediation prior to trial
in the lawsuit entitled Gerald Pecar vs. Collier County filed in the
Twentieth Judicial Circuit in and for Collier County, Florida, Case
No. 06-1738-CA, for $9,000.00.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. Recommendation that the Board of County Commissioners as Ex -officio
Governing Board of the Collier County Water-Sewer District, Adopt a
Resolution Amending the Collier County Water-Sewer District's Utilities
Page 18
September 23, 2008
Standards Manual.
B. Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel
&Andress, requesting a Conditional Use Re-review (CUR) of the property
commonly referred to as Jones Mine. The Conditional Use (CU-2004-AR-
6904) was approved on September 25,2007 and in accordance with
condition No.3, the Conditional Use approval shall be reviewed by staff and
brought back to the BZA on the first anniversary of approval. The subject
property, consisting of 2,576 acres, is located at 16000 Immokalee Road
(CR-846), approximately 2 miles north of Oil Well Road (CR-858) in
Sections 35 &36, Township 47 South, Range 27 East; and all of Sections 1
&2, Township 48 South, Range 27 East, Less Road Right-of-Way for
County Road 846, Collier County, Florida.
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2007-08 Adopted Budget.
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members: RZ-2007-AR-12044:
Immokalee LLC, represented by Shaun Mularkey, AICP, of Coastal
Engineering Consultants, Inc., is requesting a rezone from the Estates (E)
Zoning District to the Residential Multi-family-16 (RMF-16) Zoning
District to permit a multi-family development on 9.33::1: acres with a
maximum of 15 dwelling units per acre for property located at the southwest
corner of the intersection of Immokalee Road (CR-846) and School Road, in
Section 9, Township 47 South, Range 29 East, in the unincorporated
Immokalee area of Collier County, Florida.
E. Adopt a Resolution amending Schedule Six of Appendix A to Section Four
of the Collier County Ordinance No. 2006-27, the Collier County Water-
Sewer District Uniform Billing, Operating and Regulatory Standards
Ordinance. This amendment corrects scrivener's error and includes a
proposed rate for the late payment charge and the vehicle over meter charge;
and provides for an effective date of October 1,2008 for Schedule Six of
Appendix A of the Ordinance.
18. ADJOURN
Page 19
September 23, 2008
INQillRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 20
September 23, 2008
September 23, 2008.
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
CHAIRMAN HENNING: Good morning. Welcome to the
Board of Commissioners' meeting of September 23, 2008.
After the Pledge of Allegiance, the invocation will be given by
Pastor Curt Anderson from the Naples Community Church.
Would you all rise for the Pledge of Allegiance, please.
(The Pledge of Allegiance was recited in unison.)
PASTOR ANDERSON: Go ahead and be seated. Please be
seated.
This is a tumultuous time, and I'm reminded of a story of a young
merchant marine who, once he graduated, had an opportunity to go
onto the ship of a well-known sea captain who was renowned for his
exploits in the open sea and -- during the midst of a perfect storm, a
squall.
And so this young graduate wanted to see what this great captain,
this great leader did in the midst of a tumultuous stormy situation and
was fascinated that he left the bridge. And he went down into his
cabin, and he followed as the captain went into his cabin, sat behind
his desk -- there's a huge storm going on -- sat behind his desk, opened
the door (sic), pulled out a piece of paper and started reading it to
himself port is left, starboard is right; port is left, starboard is right.
Point being, in the midst of stormy times, it's time to practice the
fundamentals.
Let's bow together in prayer. And we ask this, oh Lord, for this
body which has been given such responsibility, and we all must
assume responsibility. This is no time to blame. This is a time for us
to own up and to bear the burden that we all share together, and this
way we find our way through, and may we acknowledge our need to
practice the fundamentals in our own hearts and lives, that we be
people of honesty and integrity, that we exercise noble relationships
Page 2
September 23,2008
and that we do all that we can to address the issues that we face.
Lord, for this board this morning and for the responsibilities that
they face, some mundane and some quite challenging, we ask that
they may do so in such a way as to reflect your presence, your power,
and your oversight over all things.
As we pray in the name of incarnate love, amen.
CHAIRMAN HENNING: Thank you. That was very inspiring.
County Manager, good morning. Can you walk us through
today's change list?
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED. (EX PARTE DISCLOSURE PROVIDED BY
COMMISSION MEMBERS FOR CONSENT AND SUMMARY
AGENDA.) - APPROVED AND/OR ADOPTED WITH CHANGES
MR. MUDD: Yes, sir. Agenda changes, Board of County
Commissioners' meeting, September 23, 2008.
Add-on item is 4F. It's a proclamation recognizing the Order of
the Knights of Columbus in recognition of their 125th anniversary and
October 11, 2008 parade, to be accepted by Tony Bove, and that
add-on was at Commissioner Coletta's request.
We have another add-on, and it's item 4G. It's a proclamation that
September 23,2008, be Connie Mack Day, to be accepted by Kara
Wright, district director for Connie Mack. This item was added at
Commissioner Henning's request.
Next item is to continue item 6A to October 14, 2008, BCC
meeting. It's a public petition request by Clay C. Brooker to discuss
delays -- delayed improvements at Pine Ridge Road/Whippoorwill
Lane intersection and associated fines, and that item is being asked to
be continued at the petitioner's request.
Page 3
September 23, 2008
The next item is item 7 A. Supplemental executive summary and
staff report for this item have been provided by the staff to
commissioners. Copies have been distributed and made available for
review. And that item is at staffs request.
Next item is 9C. Executive manager to the BCC's annual
performance appraisal by Commissioner Coy Ie, has added his
supplemental information. Copies have been distributed to the Board
of County Commissioners and made available for review. That item
is at the executive manager's request.
The next item is item lOA. County manager's annual
performance appraisal by Commissioner Coyle added as supplemental
information. Copies have been distributed to the Board of County
Commissioners and made available for review. That's at the county
manager's request.
The next item is 1 OD. In the executive summary under
considerations, the last sentence in the first paragraph should read,
also contributed to these increase in costs is the fact that the average
cost per catastrophic claimant is 28 percent higher in FY-'08, rather
than 28 percent higher in than in FY-'08 rather than 28 percent higher
in than in FY-'08. Also the last sentence in the first paragraph
following the table should read, the health fund is reimbursed for paid
losses that exceed the self-insured rather than self-inured. We were
missing an "S" in insured. And that clarification, at Commissioner
Fiala's request.
The next is to move item 16B 1 0 to 100. This item to be heard at
three p.m. It's a recommendation to award contracts 08-5060, fixed
term landscape architectural services to the following firms: McGee
& Associates Landscape Architect; Urban Green Studio; Goetz &
Stropes Landscape Architects, Inc.; JRL Design; and Windham
Studios, Inc. The estimated annual amount is $350,000. The item is
being moved at Commissioner Fiala's request.
The next is an add-on item, 16H5. This is a proclamation
Page 4
September 23, 2008
designating September 22, 2008, as Family Day, a day to eat dinner
with your children. The proclamation will be mailed to the recipient,
and that add-on is at staffs request.
Next item is to move item 16A3 to 17F. This item requires that
ex parte disclosure be provided by commission members. Should a
hearing be held on this item, all participants are required to be sworn
.
In.
It's a recommendation to approve petition
A VESMT-2006-AR-I0571, Big Cypress Flea Market to disclaim,
renounce and vacate the county's and the public's interest in that
portion of a roadway easement as described by the submittal exhibit
which was originally created in Official Record Book number 244,
page 683 of the public records of Collier County, Florida, situated in
Section 17 and 18, Township 51 south, Range 27 east, Collier County
Florida. The vacated portion being more specifically depicted and
described in Exhibit A. This item was advertised, therefore, it is
moved to 17F, which is the summary agenda where advertised items
go. That was at staffs request.
The next item is to move item 16K 1 to 12A, that the Board of
County Commissioners make a finding that, number one, pursuant to
section 10.02.13.F. 5 of the Land Development Code, that the timing
of the developer commitment of providing a point of egress and
intersection improvements prior to the issuance of the first Certificate
of Occupancy as required by the Coconilla planned unit development
ordinance number 05-15 is no longer necessary and, number two, that
the appropriate county staff issue Certificates of Occupancy for the
first tower building and the dwelling units therein prior to the
completion of the referenced access improvements. This item is being
asked to be moved to 12A by Commissioner Halas.
Next item is to move item 1 7B to 7B. This item to be heard at
one p.m. Mining Ventures, LLC, represented by R. Bruce Anderson
of Roetzel & Andress requesting a conditional use review of the -- no,
Page 5
September 23, 2008
excuse me -- a conditional use re-review of the property commonly
referred to as Jones Mine.
The conditional use, conditional use 2004-AR-6904, was
approved on September 25, 2007. In accordance with the condition
number three, the conditional use approval shall be reviewed by staff
and brought back to the BZA on the first anniversary of the approval.
The subject property consisting of2,576 acres is located in 16000
Immokalee Road, which is County Road 825, approximately two
miles north of Oil Well Road in Sections 35 and 36, Township 47
south, Range 27 east, and all sections one and two of Township 48
south, Range 27 east, less road right-of-way on County Road 846,
Collier County, Florida. Item is being moved at Commissioner
Coletta's request.
The next item is item 17D, adding condition number 13 to the
conditions of approval for this petition to address the number of
parking spaces to be provided, number 13.
The developer shall provide parking for this project in the
amount of a minimum of two spaces per unit or 280 spaces, whichever
is less. This condition is also noted on the master plan at Exhibit C,
and this clarification is at staffs request and Commissioner Fiala's
request.
Now, we have three time certain items today. The first is item
7B, previously 17B, which I've read already today, and it's to be heard
at one p.m., and it has to do with the re-review of the Jones Mine
conditional use.
The next item is item 9B to be heard at 11 :30, and that's a
discussion regarding the medical director and emergency medical
services, and that item is at Commissioner Coyle's request.
The next item is 100, previously 16BI0, and that's to be heard at
three p.m., and I read it -- three p.m., and I read it earlier, and that has
to do with the fixed term landscape architectural services contract, and
that item is at Commissioner Fiala's request.
Page 6
September 23, 2008
That's all I have, Mr. Chairman and Commissioners.
CHAIRMAN HENNING: Thank you.
County Attorney, do you have any changes to today's agenda?
MR. KLATZKOW: No, sir.
CHAIRMAN HENNING: Commissioner Coletta, do you have
any changes to today's agenda or any ex parte on today's summary
agenda?
COMMISSIONER COLETTA: Thank you, Commissioner
Henning. I have no changes to the agenda. On consent agenda item --
16A3 I've had meetings, correspondence, emails, and phone calls.
On 16A4, meetings, correspondence, emails, and phone calls,
and -- and then that's it.
Summary agenda, I'm fine. I didn't have any ex parte disclosure.
Thank you.
CHAIRMAN HENNING: No further changes?
COMMISSIONER COLETTA: No further changes, sir.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have no further changes to
the agenda.
On the consent agenda, I -- Big Cypress Flea Market, 16A4,
which was changed to 17B or something like that. I've had meetings,
correspondence, and emails in the past and not recently, but I thought
I'd better put them on the record anyway.
17B, Jones Mining, I've actually gone to see the site as well as
I've had meetings and emails and calls.
And I have no other disclosures, thank you.
CHAIRMAN HENNING: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: Mr. Chairman, I have no further
changes to the agenda.
With respect to the consent agenda, like Commissioner Fiala --
like Commissioner Fiala, 16A4 has been discussed by this commission
Page 7
September 23, 2008
before, but I have had no discussions since that point in time
concerning this particular item.
And since summary agenda 1 7B item has been moved to the
regular agenda, I will provide my disclosures at that point in time.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. I have no further changes to
today's agenda.
As far as the consent agenda, I have nothing to -- for ex parte on
that. And the summary agenda, the one item that's moved from 17 A
to 17B, I'll give that at the time of the hearing.
CHAIRMAN HENNING: Thank you. I would like to have
16A6 put on the regular agenda, 16 apple 6, and that is a community
development fee resolution.
MR. MUDD: Yes, sir. That would be lOP.
CHAIRMAN HENNING: Okay. I have no ex parte
communication under today's summary agenda.
F or a point of discussion, considering that Senator Saunders and
Congressman Mack's term does not end, one in November, one in
January, I think it would be more appropriate to recognize those
people at those times.
So with the board's approval, I would like to move those to
November and January.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Point of order, sir. This
might have been appropriate if we started back when the election
cycle started. We already had one recognition for Connie Mack, and
this particular item didn't come up for consideration in such a manner.
I say we go with both proclamations as they are there today. We're
recognizing public service of both the gentlemen of what they've
done. I don't see the fact that they're running for office has anything
to do with it.
CHAIRMAN HENNING: Yeah, I didn't say that. I was just
Page 8
September 23, 2008
trying to capture it at a more appropriate time, but I appreciate it. So
you're in favor keeping them on?
COMMISSIONER COLETTA: Very much so.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I'm in favor keeping them on,
both of them.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I'm in favor of keeping the agenda
as it is.
CHAIRMAN HENNING: Okay. Well, there's a majority.
With that, I'll entertain a motion to approve today's agenda as
amended.
COMMISSIONER COYLE: So moved.
CHAIRMAN HENNING: Motion by Commissioner Coyle --
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: -- second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Page 9
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
September 23. 2008
Add On Item 4F: Proclamation recognizing the Order of the Knights of Columbus in recognition
oftheir 125th Anniversary and October 11, 2008 Parade. To be accepted by Tony Bove.
(Commissioner Coletta's request.)
Add On Item 4G: Proclamation that September 23, 2008 be designated as Connie Mack Day. To
be accepted by Kara Wright, District Director for Connie Mack. (Commissioner Henning's
request.)
Continue Item 6A to October 14. 2008 BCC Meetina: Public petition request by Clay C. Brooker to
discuss delayed improvements at Pine Ridge RoadlWhippoorwill Lane intersection and
associated fines. (Petitioners request.)
Item 7 A: Supplemental Executive Summary and Staff Report for this item have been provided by
staff. Copies have been distributed and made available for review. (Staff's request.)
Item 9C: Executive Manager to the BCC's annual performance appraisal by Commissioner Coyle
added as supplemental information. Copies have been distributed to the Board of County
Commissioners and made available for review. (Executive Manager's request.)
Item 10A: County Manager's annual performance appraisal by Commissioner Coyle added as
supplemental information. Copies have been distributed to the Board of County Commissioners
and made available for review. (County Manager's request.)
Item 10D: In the Executive Summary under Considerations, the last sentence in the first
paragraph should read: "Also contributing to this increase in cost is the fact that the average
cost per catastrophic claimant is 28% higher in FY 08" (rather than 28% higher in than in FY 08).
Also, the last sentence in the first paragraph following the table, should read: "The Health Fund
is reimbursed for paid losses that exceed the "self-insured" (rather than "self-inured"). .
(Commissioner Fiala's request.)
Move Item 16B10 to 100: This item to be heard at 3:00 p.m. Recommendation to award
Contract(s) #08-5060, "Fixed Term Landscape Architectural Services" to the following firms:
McGee & Associates Landscape Architecture; Urban Green Studio; Goetz + Stropes Landscape
Architects, Inc.; JRL Design; and Windham Studio, Inc. (Estimated annual amount $350,000.)
(Commissioner Fiala's request.)
Add On Item 16H5: Proclamation designating September 22,2008 as Family Day - A Day To Eat
Dinner With Your Children. (Proclamation will be mailed to recipient.) (Staff's request.)
Move Item 16A3 to 17F: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve Petition AVESMT-2006-AR-10571, Big Cypress Flea Market, to
disclaim, renounce and vacate the County's and the Public's interest in that portion of a roadway
easement as described by the submittal Exhibit which was originally created in Official Record
Book 244, Page 683 of the Public Records of Collier County, Florida, situated in Section 17 & 18,
Township 51 South, Range 27 East, Collier County, Florida, the vacated portion being more
specifically depicted and described in Exhibit "A". (Item was advertised.) (Staff's request.)
9/23/2008 10: 13:22 AM
Move Item 16K1 to 12A: That the Board of County Commissioners make a finding that: (1)
pursuantto Section 10.02.13.F.5 ofthe Land Development Code (LDC), thatthe timing ofthe
developer commitment of providing a point of egress and intersection improvements prior to the
issuance of the first certificate of occupancy as required by the Coconilla Planned Unit
Development Ordinance No. 05-15 is no longer necessary; and (2) that the appropriate County
staff issue certificates of occupancy for the first tower building and dwelling units therein prior to
the completion of the referenced access improvements. (Commissioner Halas' request.)
Move Item 17B to 7B: This item to be heard at 1 :00 p.m. Mining Venture, LLC., represented by
R. Bruce Anderson of Roetzel & Andress, requesting a Conditional Use Re-review (CUR) of the
property commonly referred to as Jones Mine. The Conditional Use (CU-2004-AR-6904) was
approved on September 25, 2007 and in accordance with condition No.3, the Conditional Use
approval shall be reviewed by staff and brought back to the BZA on the first anniversary of
approval. The subject property, consisting of 2,576 acres, is located in 16000 Immokalee Road
(CR-845), approximately 2 miles north of Oil Well Road (CR-858) in Sections 35 & 36, Township 47
South, Range 27 East; and all of Sections 1 & 2, Township 48 South, Range 27 East, Less Road
Right-of-Way for County Road 846, Collier County, Florida. (Commissioner Coletta's request.)
Item 17D: Adding Condition #13 to the Conditions of Approval for this petition to address the
number of parking spaces to be provided. "#13. The Developer shall provide parking for this
project in the amount of a minimum of two (2) spaces per unit or 280 spaces, whichever is less."
This condition is noted on the Master Plan at Exhibit C. (Staff's request.)
Time Certain Items:
Item 7B (previouslv 17B) to be heard at 1 :00 p.m. Mining Venture, LLC., represented by R. Bruce
Anderson of Roetzel & Andress, requesting a Conditional Use Re-review (CUR) of the property
commonly referred to as Jones Mine. (Commissioner Coletta's request.)
Item 9B to be heard at 11 :30 a.m. Discussion regarding Medical Director and EMS.
(Commissioner Coyle's request~)
Item 100 (previouslv 16B1 0) to be heard at 3:00 p.m. Recommendation to award Contract(s)
#08-5060 "Fixed Term Landscape Architectural Services" to the following firms: McGee &
Associates Landscape Architecture; Urban Green Studio; Goetz + Stropes Landscape Architects,
Inc.; JRL Design; and Windham Studio, Inc. (Estimated annual amount $350,000.)
(Commissioner Fiala's request.)
9/23/2008 10: 13:22 AM
September 23, 2008
Item #2B and Item #2C
MEETING MINUTES: AUGUST 18,2008 - BCC/EMERGENCY
MEETING TROPICAL STORM FAY AND AUGUST 26, 2008 -
BCC/EMERGENCY MEETING TROPICAL STORM FAY -
APPROVED AS PRESENTED
CHAIRMAN HENNING: Entertain a motion to approve the
August 18, 2008, BCC Emergency Meeting Tropical Fay (sic) and
August 26, 2008, BCC/Emergency Meeting, Tropical Storm Fay.
COMMISSIONER HALAS: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Halas,
second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
We have no service awards today.
Item #4A
PROCLAMATION DESIGNATING OCTOBER 8,2008 AS
INTERNATIONAL WALK TO SCHOOL DAY. ACCEPTED BY:
DAVID BUCHHEIT, CHAIRMAN, COMMUNITY TRAFFIC
SAFETY TEAM AND PROJECT PLANNER FOR
TRANSPORTATION PLANNING DEPT., RUSS MULLER, SITE
Page 10
September 23,2008
PLAN REVIEWER COLLIER COUNTY ENGINEERING
SERVICES DEPARTMENT & CTST MEMBER, NANCY FRYE,
COMMUNITY TRAFFIC SAFETY TEAM
SECRETARY/COORDINATOR &COLLIER COUNTY TRAFFIC
OPERATIONS DEPT. ENGINEERING TECHNICIAN, SYBIL
JOHN, HEAL TH EDUCATOR FOR NUTRITION AND FITNESS
COLLIER COUNTY DEPT. OF HEALTH, JEFF ST AURlNG,
COLLIER COUNTY SCHOOLS TRANSPORTATION
DIRECTOR, CHARLES BENSON, COLLIER COUNTY
SCHOOLS SAFETY MANAGER, JOE BONNESS, COLLIER
METROPOLITAN PLANNING ORGANIZATION'S PATHWAYS
ADVISORY COMMITTEE CHAIRMAN & COMMUNITY
TRAFFIC SAFETY TEAM MEMBER - ADOPTED
MR. MUDD: Yes, sir. That brings us to proclamations. The
first proclamation is designating October 8, 2008, as International
Walk to School Day. To be accepted by David Buchheit, Chairman of
the Community Traffic Safety Team and Project Planner for the
transportation planning department; Russ Muller, Site Plan Reviewer
of the Collier County Engineering Services Department and CTST
member; Nancy Frye, Community Traffic Safety Team Secretary and
Coordinator of the Collier County Traffic Operations Department,
Engineering Technician; Sybil John, the Health Educator for nutrition
and fitness, Collier County Department of Health; Jeff Stauring, the
Collier County Schools Transportation Director; Charles Benson, the
Collier County School Safety Manager; Joe Bonness, the Collier
Metropolitan Planning Organization's Pathway Advisory Committee
chairman and Community Traffic Safety Team member.
COMMISSIONER HALAS: It's a pleasure to read this
proclamation, especially when we read so much in the paper these
days about the problems that our childrens (sic) are having with
diabetes and with other obesity-related problems.
Page 11
September 23, 2008
We'll start the proclamation as follows:
Whereas the child -- whereas, the lives of children may be saved
each year if communities take steps to make pedestrian safety a
priority; and,
Whereas, a lack of physical activity plays a leading role in the
rising rates of obesity, diabetes, and other health-related problems
among children, and being able to walk or bicycle to school offers an
opportunity to build activity into daily routine; and,
Whereas, driving students to school by private vehicle
contributes to traffic congestion and air pollution; and,
Whereas, an important role for parents and caregivers is to teach
children about the pedestrian safety and become aware of the
difficulties and dangers that children face on their trip to school each
day and the health and environmental risk related to physical
inactivity and air pollution; and,
Whereas, Collier County was the first county in the state to
participate in the International Walk to School Day; and,
Whereas, the Collier County Transportation Services Division,
the Community Traffic Safety Team, the Collier County School
Board, the Collier County Sheriffs Office have volunteered time and
effort to support International Walk to School Day.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that October 8, 2008, be
designated as International Walk to School Day and encourage
everyone to consider the safety and health of children today and every
day.
Done in this order the 23rd day of September, 2008, Board of
County Commissioners, Collier County, Florida, Tom Henning, Chair.
And Chairman, I propose that we pass this proclamation.
COMMISSIONER FIALA: Second.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Motion by Commissioner Halas to
Page 12
September 23, 2008
move the proclamation, seconded by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: The motion carries unanimously.
(Applause.)
COMMISSIONER FIALA: The other day we couldn't get that
flash to work.
COMMISSIONER COLETTA: Thank you very much.
COMMISSIONER HALAS: Thank you. We really appreciate
it.
COMMISSIONER COYLE: Good morning, Joe.
MR. BONNESS: Good morning.
COMMISSIONER COLETTA: You know, Joe, just once I'd
like to get you to take that bike and do that circle. I really do want
you to do that one of these days.
COMMISSIONER FIALA: Hi, Joe.
COMMISSIONER COYLE: Didn't we do this once?
MR. BUCHHEIT: Just briefly I want to say thank you to all of
Collier County staff who's participated in this. Last year was an
overwhelming success, and so far this year we've had double the
number of schools volunteer to participate, and we look forward to
another great success. Thank you.
MR. MUDD: Before you leave, sir, just state your name for the
record.
MR. BUCHHEIT: David Buchheit, Chairman, CTST.
MR. MUDD: Thank you.
Page 13
September 23,2008
MR. BUCHHEIT: Thank you.
Item #4B
PROCLAMATION RECOGNIZING SENATOR BURT L.
SAUNDERS DEDICATED AND ACCOMPLISHED PUBLIC
SERVICE CAREER. ACCEPTED BY SENATOR BURT L.
SAUNDERS - ADOPTED
MR. MUDD: Commissioners, the next proclamation is
recognizing Senator Burt L. Saunders, the dedicated and accomplished
public service career to be accepted by Senator Burt L. Saunders, and
this item's at Commissioner Coletta's request.
COMMISSIONER COLETTA: Yes. Thank you. It's very much
an honor. Burt Saunders is -- Collier County's benefited greatly from
Burt Saunder's actions, and he's been a friend not only of mine but
many people in Collier County, and this is a true honor to read this
today.
Please come forward, Senator.
Whereas, Florida Senator Burt Saunders began his public service
career as Collier County attorney in July 1982 providing the Collier
Commission with sound legal advise during a period of rapid growth
and development; and,
Whereas, Burt L. Saunders served admirably as a Collier County
Commissioner from 1986 to 1994; and,
Whereas, Burt L. Saunders was elected to the Florida House of
Representatives in 1994 to 1998; and,
Whereas, Burt Saunders has entered his 10th year and final term
in the Florida Senate concluding November 4, 2008; and,
Whereas, Burt L. Saunders, through 26 years of public service,
has demonstrated his commitment to our community at the local,
county, and state level; and,
Page 14
September 23, 2008
Whereas, Burt Saunders has served on numerous Senate
committees tackling challenging subjects such as environmental
preservation and conservation, property casualty insurance
accountability, public education, health and human services and
Everglades restoration; and,
Whereas, Burt Saunders his received numerous awards for his
dedicated service and was recently recognized by the Audubon of
Florida (sic) as a steward of the Everglades, the Florida Association of
Counties, Florida State Lodge Fraternal Order of Police as Senator of
the Year; Lee County school board and countless Florida agencies for
legislative leadership and appreciation; and,
Whereas, Burt Saunders has demonstrated his support and
understanding of county's issue going beyond call of duty successfully
working with the local government and legislators in Tallahassee in
order to protect home rule; and,
Whereas, Burt Saunders has committed a quarter century to
public service and should be formally recognized for his outstanding
accomplishments at this quest to speak for the people and facilitate a
better quality of life for all of us.
And, therefore, be it proclaimed by the Board of County
Commissioners, Collier County, Florida, that September 23, 2008, be
designated as Senator Burt Saunders Day.
Done and ordered this, the 23rd day of September, 2008, signed
by Tom Henning, Chairman.
And I make a motion for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Coletta to
move the proclamation, second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
Page 15
September 23, 2008
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
(Applause.)
SENATOR SAUNDERS: May I say something?
CHAIRMAN HENNING: Sure, after a picture.
SENATOR SAUNDERS: Commissioners, I want to thank you
sincerely for this proclamation. I've sat in your seats for many years.
I know how tough your job is. I've had the -- really the high honor of
representing Southwest Florida, and especially Collier County, as you
said, for the last 25 years. And I can tell that you it's something that I
will never forget. It's been the greatest honor of my life to be able to
stand before you and accept this proclamation and thank you for it.
I want to thank the public for giving me the opportunity to do
what I've done for the last 25 years. I also want to thank my family
for giving me the opportunity. It's a tremendous sacrifice of our
families when we serve in public office. And I know your families
sacrifice also.
And so Mr. Chairman, members of the commission, thank you
very much. I will display this in whatever office I have from this
point forward with great price. Thank you very much.
(Applause. )
COMMISSIONER COYLE: Thank you.
Item #4C
PROCLAMATION DESIGNATING SEPTEMBER 23,2008 AS
TEAM UNITY DANCE TEAM DAY. TO BE ACCEPTED BY
JUDY LORA, DANCER, CHOREOGRAPHER AND DANCE
INSTRUCTOR - ADOPTED
Page 16
September 23, 2008
MR. MUDD: Commissioner, the next proclamation is
designating September 23,2008, as Team Unity Dance Team Day, to
be accepted by Judy Lora, dance choreographer and dance instructor.
Okay. Judy? Ms. Lora?
CHAIRMAN HENNING: Entertain a motion to approve the
proclamation.
COMMISSIONER HALAS: So moved.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Motion by Commissioner Coyle,
second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #4D
PROCLAMATION DESIGNATING OCTOBER, 2008 AS
DOMESTIC VIOLENCE AWARENESS MONTH. ACCEPTED BY
LINDA OBERHAUS, EXECUTIVE ASSISTANT, SHELTER FOR
ABUSED WOMEN - ADOPTED
MR. MUDD: Commissioner, next item is 4D. It's a proclamation
designating October, 2008, as Domestic Violence Awareness Month
to be accepted by Linda Oberhaus, Executive Assistance to the Shelter
for Abused Women.
Page 17
September 23, 2008
CHAIRMAN HENNING: Good morning.
MS. OBERHAUS: Good morning.
CHAIRMAN HENNING: Whereas, spanning centuries, cultures
and continents, domestic violence is a tragic epidemic and the plague
(sic) of our society and has devastating effects on countless numbers
of women and children; and,
Whereas, domestic violence permeates the lives and
compromises the safety of thousands of Collier County citizens each
day with tragic, destructive, and sometimes fatal results; and,
Whereas, the problem of domestic violence is not confined to any
one group of people but affects people across an economic status,
race, ethnicity, sexual orientation, culture, society, and are supported
by societal indifference; and,
Whereas, the crime of domestic violence violates an individual's
privacy, dignity, security, humanity, during a systematic use of
physical, emotional and sexual, psychological and economic control
and/or abuse; and,
Whereas, the impacts of domestic violence is wide-ranging,
directly affecting women and children and men and society as a
whole; and,
Whereas, the Shelter for Abused Women and Children has
provided support and safety for -- and advocacy of (sic) domestic
violence survivors and their children since 1989; and,
Whereas, Collier County is committed to taking a firm position
against domestic violence and will remain focused in ensuring that
women and children are safe from (sic) their homes and the abusers
will be held accountable for their crimes.
Now, therefore, be it proclaimed by the Board of Commissioners,
Collier County, Florida, that October 8th be designated as Domestic
Violence Awareness Month.
Done in the order of the 23rd day of September, 2008.
I make a motion to move this proclamation.
Page 18
September 23, 2008
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
(Applause.)
COMMISSIONER HALAS: Good morning.
COMMISSIONER COYLE: Good morning, Linda. Thank you.
MS. OBERHAUS: Good morning. I'm Linda Oberhaus, the
executive director of the Shelter for Abused Women and Children.
And as you just heard, the Shelter for Abused Women and
Children has been in this community since 1989 providing sanctuary
and services to victims of domestic violence.
At the shelter we believe that living a life free from violence is a
basic human right of everyone here in Collier County. And we invite
the community to join us in our effort to end violence in our
community. Thank you.
CHAIRMAN HENNING: Thank you.
(Applause.)
Item #4 E
PROCLAMATION DESIGNATING OCTOBER 10, 2008 AS PUT
THE BRAKES ON FATALITIES DAY. ACCEPTED BY:
NORMAN FEDER, TRANSPORTATION SERVICES DIVISION
ADMINISTRATOR, DAVID BUCHHEIT, COMMUNITY
Page 19
September 23, 2008
TRAFFIC SAFETY TEAM CHAIRMAN (ALSO
TRANSPORTATION PLANNING DEPARTMENT PROJECT
MANAGER), CHARLES BENSON, COLLIER COUNTY
SCHOOLS SAFETY MANAGER (ALSO COMMUNITY TRAFFIC
SAFETY TEAM MEMBER), SGT. CHRIS GONZALEZ, COLLIER
COUNTY SHERIFFS OFFICE SGT. DAVE CONTESSA,
FLORIDA HIGHWAY PATROL, LT. GREG GAFFNEY, NAPLES
POLICE & EMERGENCY SERVICES DEPARTMENT-
ADOPTED
MR. MUDD: Commissioner, our next proclamation is 4E. It's a
proclamation designating October 10, 2008, as Put the Brakes on
Fatalities Day. To be accepted by Norm Feder, Transportation
Services Division Administrator; David Buchheit, the Community
Traffic Safety Team Chairman, also the Transportation Planning
Department Project Manager; Charles Benson, the Collier County
School Safety Manager, also the community safety team -- also a
Community Traffic Safety Team Manager; Sergeant Chris Gonzalez,
Collier County Sheriffs Office; Sergeant Dave Contessa from the
Florida Highway Patrol; Lieutenant Greg Gaffney from the Naples
Police and Emergency Services Department.
COMMISSIONER COYLE: Thank you very much, County
Manager. It gives me great pleasure to read this proclamation.
Whereas, traffic crashes cause about 43,000 fatalities nationwide
each year and highway crashes are the leading cause of death for
people ages two to 34; and,
Whereas, in 2006, 55 percent of passenger vehicle occupants
killed in traffic crashes were unrestrained; however, 425 children
under the age of five were saved as a result of child restraint use; and,
Whereas, alcohol-related crashes account for 41 percent of all
traffic fatalities; and,
Whereas, deaths and injuries on U.S. highways cost society over
Page 20
September 23, 2008
$150 billion annually; and,
Whereas, safer driving habits, such as the use of seatbelts, not
drinking and driving, obeying traffic laws, and increased investment in
road and bridge improvements would dramatically reduce the number
of traffic-related injuries and deaths; and,
Whereas, Collier County has committed to spending
approximately $500 million on road improvements in the
transportation five-year work program that will improve the county's
roadway safety and traffic circulation.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that October the 10th,
2008, be designated as Put the Brakes on Fatalities Day and call upon
everyone to help save lives by spreading these important messages
throughout our communities.
Done and ordered this 23rd day of September, 2008, Board of
Collier County Commissioners, Collier County, Florida, Tom
Henning, Chairman.
Mr. Chairman, I make a motion we accept this proclamation.
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: Motion by Commissioner Coyle to
move the proclamation, second by Commissioner Coletta.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye. .
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
(Applause.)
COMMISSIONER COYLE: You're going to need that to justify
Page 21
September 23, 2008
your budget for this year, I guess. That's what it's all about, right?
COMMISSIONER COLETTA: Thanks for being here today.
COMMISSIONER COYLE: You didn't get your picture taken,
so don't go away yet, okay. Don't go away.
Good morning, Commissioners. Sergeant Chris Gonzalez with
the Collier County Sheriffs Office.
This proclamation's important to myself, the Collier County
Sheriffs Office, Florida Highway Patrol, the Naples Police
Department, and all of our law enforcement agencies that dedicate
their time and resources to traffic safety.
I've put a picture up on the board for everyone to see of a
circumstance that the proclamation decided to bear in my heart
directly.
On February 18, 2001, I was a victim of a drunken driving crash.
And as you can see at the time, 12 minutes after midnight, I was
working in the capacity of a law enforcement officer in this county. It
took me three months to recover from the injuries I sustained. Broke
numerous bones in my body, disfigurement to the point where it
affected my family and my children who didn't want to see me
because I was very badly injured.
I ask that everyone in this county take a personal responsibility
for their driving actions, because it's only through those actions that
we can save lives.
We can enforce the laws, and through efforts of Burt Saunders,
Senators and legislators, and yourself, as county commissioners, we
can add laws to our existing laws to strengthen our process, but it's
through dedication of each individual person, in their driving habits,
take a personal responsibility that will make our streets safer. Thank
you.
CHAIRMAN HENNING: Thank you.
(Applause.)
Page 22
September 23,2008
Item #4F
PROCLAMATION RECOGNIZING THE ORDER OF THE
KNIGHTS OF COLUMBUS IN RECOGNITION OF THEIR 125TH
ANNIVERSARY AND OCTOBER 11, 2008 PARADE.
ACCEPTED BY TONY BOVE - ADOPTED
MR. MUDD: Commissioner, our next proclamation is 4F, and
it's a proclamation recognizing the Order of the Knights of Columbus
in recognition of their 125th anniversary and their October 11, 2008,
parade. To be accepted by Tony Bove. And this item was added at
Commissioner Coletta's request.
COMMISSIONER COLETTA: Gentlemen, please come up. It's
an honor to read this proclamation, as a fellow knight, brother in the
Knights of Columbus. It's -- welcome.
Whereas, the Connecticut state legislators on March 29, 1882
officially chartered the Order of the Knights of Columbus as the
fraternal benefit society founded on the principles of charity, unity,
and fraternity; and,
Whereas, the Order of the Knights of Columbus has become a
world -- the world's foremost Catholic fraternal benefit society; and, .
Whereas, the Order of the Knights of Columbus has promoted
social and intelligent fellowship among members and their families
through education, charitable, religious, social welfare, war relief, and
as an effective advocate and defender of civil and religious rights for
all; and,
Whereas, the Order of the Knights of Columbus has helped
family economic security and stability through its life insurance
annuity and long-care program and has contributed community service
worldwide; and,
Whereas, the Order of the Knights of Columbus has grown from
several members and one council to more than 13 councils and 1.7
Page 23
September 23, 2008
million members throughout the United States, Canada, the
Philippines, Mexico, Poland, the Dominican Republic, Puerto Rico,
Panama, Bahamas, Virgin Islands, Cuba, Guatemala, Guam, and
Saipan; and,
. Whereas, in recognition of their annual Knights of Columbus
Day Parade, October 11, 2008.
And now, therefore, be it proclaimed by the Board of Collier
County Commissioners, Collier County, Florida, that September 23,
2008, be designated as the Order of Knights of Columbus day.
Done and ordered this, the 23rd day of September, 2008, signed
by Chairman Tom Henning.
I make a motion for approval.
COMMISSIONER FIALA: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Motion by Commission Coletta to
move the proclamation, second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
. CHAIRMAN HENNING: Motion carries unanimously.
(Applause.)
COMMISSIONER COLETTA: Let's get a picture, too. And
then we need someone to make a little bit of a pitch about the parade
that's coming up.
Tony, thank you.
COMMISSIONER FIALA: Thanks for all you do for our
community .
Page 24
September 23, 2008
CHAIRMAN HENNING: Good to see you. You're looking
well.
COMMISSIONER COLETTA: Was someone going to address
the commission about the parade? Yeah, Tony, don't forget. Oh,
great, please. Go for it.
MR. BOVE: You don't mind to open the poster for the parade.
COMMISSIONER COLETTA: Oh, why don't you use the --
over here and we can put the flier right up on the visualizer.
MR. BOVE: Well, first I want to thank you, all of you, to
cooperate with us. It's been -- this is going to be 11 years of the
Columbus Day Parade. We start no less than 150 people, include the
stroller and the children. So -- and we have a little bust of Columbus
and a little pedestal, and I thought the children that came around, I
said the kid -- this is for kids.
So now, in couple years, this guy over here's going to grow six
feet. They all start to laugh. So then I came to the commission and
they give me the permit to put the statue of Columbus between the
police station and the motor vehicle, right in the middle over there.
So -- and I be talking to a lot of people, didn't even see it. So
now we going to try to make a lot of publicity just to make the people
understand what the statute stands for, because every year create the
parade just for the benefit of the town, of the area, the City of Golden
Gate, which is growing like crazy. So the more we can do for the
community, the better we like it.
So -- and I think that if I could see all of you's to try to pass the
word around that the parade starts every year from St. John Neumann
High School to the community center, that we place the meet -- the
monument of Columbus, and we have a -- we start with under 50.
Now we got about 150 floats. We have really a big parade, so I would
appreciate if anybody pass the word around to let the people to come
to the street and cheer up these nice people who would intervene with
the parade.
Page 25
September 23, 2008
So that's the only thing that I want to try to do, push to get the
audience in the street so this way the parade gets -- it grows more
because the kids -- the parade, be in the parade, they want some cheer.
They want to see somebody in the street so they could cheer up for the
work they've been doing.
So -- and that's the only thing I can ask for. So -- for the
commission and the police, they been -- do nice work for us, so if we
could see if we could put the public television in force just to let the
people know when the parade is coming every year in October.
Thank you very much.
COMMISSIONER COLETTA: Thank you, Tony.
COMMISSIONER FIALA: So the parade is October 11th.
MR. BOVE: Yes.
COMMISSIONER FIALA: It starts at 10 o'clock in the
morning?
MR. BOVE: St. John Neumann.
COMMISSIONER FIALA: Starts at St. John Neumann and goes
to the Golden Gate Community Center; is that correct?
MR. BOVE: Yes.
COMMISSIONER FIALA: Okay, thank you.
MR. BOVE: Thank you very much.
Item #4G
PROCLAMATION THAT SEPTEMBER 23, 2008 BE
DESIGNATED AS CONNIE MACK DAY. ACCEPTED BY KARA
WRIGHT, DISTRICT DIRECTOR FOR CONNIE MACK -
ADOPTED
MR. MUDD: Commissioner, that brings us to our next
proclamation, and it's 4G. It's a proclamation that September 23,
2008, be designated as Connie Mack Day. To be accepted by Kara
Page 26
September 23, 2008
Wright, the District Director for Connie Mack. This item has been
added at Commissioner Henning's request.
CHAIRMAN HENNING: Whereas, Congressman Connie Mack
has -- was the -- first elected to the House of Representatives in 2000,
and able to serve the people of Florida as a member of the Florida
legislators (sic) through 2003; and,
Whereas, the citizens of Collier County and the residents of the
14th Congressional District of Florida elected Connie Mack to the
United States House of Representatives in 2004; and,
Whereas, the member -- as a member of the United States House
of Representatives, Congressman Mack has able (sic), forthright (sic),
diligently represented the interests of the people of Collier County;
and,
Whereas, Congressman Connie Mack successfully secured $91.1
million to expand 1-75 in Collier County and Lee County; and,
Whereas, Congressman Mack has worked in concert with the
Collier County Board of Commissioners to secure vital funding for
key environmental infrastructure and other projects essential to
preserve the quality of life; and,
Whereas, Congressman Connie Mack has been nationally
recognized as (sic) numerous of organizations for his steadfast
commitment of keeping federal taxes low and to the -- eliminate
wasteful spending; and,
Whereas, Connie Mack has been a national ( sic) recognized for
fighting to keep our oceans healthy and for his legislative incentives to
approve research into red tide and other harmful algae blooms; and,
Whereas, Connie Mack has been recognized for his tireless work
to secure a new clinic to care for the Southwest Florida veterans; and,
Whereas, every measure of public service, Connie --
Congressman Connie Mack has consistently and successfully
demonstrated his commitment to his constituents and the ideas of
freedom, security, and prosperity.
Page 27
September 23, 2008
Now, therefore, be it proclaimed by the Board of Commissioners
of Collier County, Florida, that September 23, 2008, be designated as
Connie Mack Day.
And I just want to recognize that Congressman Mack is in
Washington, not able to be here with us, so I'm going to make a
motion to move this proclamation.
COMMISSIONER HALAS: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
(Applause.)
COMMISSIONER FIALA: Thanks, Kara. Thanks for all you
do, too, Kara.
Item #5A
KRAFT CONSTRUCTION COMPANY, INC. PRESENTATION
OF THE PROGRESS OF THE CONSTRUCTION OF THE
GORDON RIVER WATER QUALITY PARK/FREEDOM PARK.
THE 50 ACRE PARK WILL IMPROVE WATER QUALITY
THROUGH A SERIES OF CREATED WETLANDS,
CONSTRUCT BOARDWALKS AND PAVILIONS FOR
VISITORS TO OBSERVE NATIVE HABITAT AND WILDLIFE
AND CONSTRUCT A 2,500 SQ. FT. EDUCATION BUILDING
Page 28
September 23, 2008
TO PROMOTE ENVIRONMENTAL EDUCATION -
PRESENTED
MR. MUDD: Commissioner, that brings us to presentations.
The first presentation is, the Kraft Construction Company, Inc., will
present the progress of the construction of the Golden -- excuse me --
of the Gordon River Water Quality Park and Freedom Park. The
50-acre park will improve water quality through a series of created
wetlands and constructed boardwalks and pavilions for visitors to
observe native habitat and wildlife and construct a 2,500-square-foot
education building to promote environmental education.
And I believe Ms. Karen Bishop --
MS. BISHOP: Margaret.
MR. MUDD: -- Margaret, Margaret, I'm sorry -- will at least
introduce our speaker.
MS. BISHOP: Margaret Bishop, Senior Project Manager with
the Transportation Services Division, Stormwater Management
Section.
I'm here to introduce Henny McKevitt, Senior Project Manager
with Kraft Construction Company who will present the status of the
Freedom Park, also known as Gordon River Water Quality Park.
MR. McKEVITT: I've got to get to the slide show. Excuse me
one minute, please.
Good day, Commissioners. I take the opportunity to thank you
for presenting our project that we are working in very closely with the
county to give some -- everybody what I would call a nice, passive,
recreational, and educational park.
Freedom Park itself, we -- the park itself consists of roughly
3,500 feet of boardwalk, walking boardwalk, with a mile and
three-quarters of walking paths and bicycle trails. It's going to consist
of four lakes. Each lake will have a viewing area to step out on and
see wildlife and other things in the area. There'll be rest rooms and a
Page 29
September 23, 2008
maintenance building, along with a 2,500-square- foot educational
building.
The original date we received to start this project was December
1 Oth. We started exactly on that date. The completion date, original
completion date was or is June 9, 2009. The revised date is, at the
present time based on current schedule, March 15, 2009.
MR. MUDD: April 15th.
MR. McKEVITT: April 15th. I apologize. I gave myself a
month.
MR. MUDD: I'm having trouble with names today. You're
having trouble with months.
MR. McKEVITT: Thank you. One of our successes of making
this date is a very tight schedule. With the 50 acres, we've had the
opportunity to do multitask in a number of projects at the same time as
well as a good coordination of team effort.
I do back up on that. I do apologize. The budget, which I did not
mention on there. The original budget was 9,852,655.04. That has
been changed. We anticipate that to remain the same throughout the
project.
The organization staff on the Kraft side would be my direct boss,
Tom Empric, who's the Senior Vice-president; myself; and Joe Brand,
who is our Senior Superintendent hard at work on the site every day.
On the county's side that we'd had the pleasure to work with is
Margaret Bishop, who's been a great partner in this with me, as well as
Mike Ryan and Juan Carlos, both from PBS&J, who represent the
county as construction managers there.
A little brief description, a little brief on our schedule, how we
got started and where we are today. Again, starting in December, we
mobilized, we cleared the site, we set up the storm protection and
made access roads onto the site.
In January we started the excavation for water treatment in the
lakes. We cut and filled the site, we removed all the exotics, or I
Page 30
September 23, 2008
should say started removing the exotics, plants from the wetlands. We
started underground utilities and the installation of stormwater
structures.
The construction continued into February with the start of the
boardwalks in the wetlands. We thought this was the best time to do
it, in the dry season, but as you can see, we got hit with some real
water. The river came up.
Construction continued on all the other sites with underground
piping that would -- connects the lakes from one to the other.
Continuing in March, we started building the boardwalks in lake
D. I don't know if any of you can see those lakes up there are all
labeled, but A, B, C, and D. In lake D we had a very large boardwalk
that went from one end of it to the other with some stations in between
for viewing.
We filled and compacted the educational site. We started planting
native plants in the wetlands area. After getting rid of all our exotics,
we finally had the opportunity to plant something in there, and we
started the installation of an irrigation system.
In April, we started the foundation for the educational building
itself. The planning continued in the wetlands, and the landscaping
started around the lakes themselves.
May, many of the observation decks in the lakes were completed,
especially A and D -- Band C rather. Planting of the large trees had
begun, and the completion of the planning of the turtle preserve.
Continuing in June, we -- continuation of all phases were going
on at the same time. We started preparing the northwest corner, and
this is where the maintenance and rest room facilities would be. The
northwest corner, by the way, sits on Goodlette-Frank Road.
And in July, this past July, we completed one of the primary
structures, the highest point in the park, and that's the oak hammock
that is sitting in between all four lakes actually.
In August, which brings us up to date of where we're at presently,
Page 31
September 23, 2008
we've completed all the observation decks throughout the project --
that's in the wetlands as well-- the completion of the pavilion, the
little buildings that would be in -- approximately three of them in the
wetlands area had the little roofs over the head providing some shade
and rest areas to people who are walking the area, as well as several
out on the lakes themselves.
We anticipate from this point forward to starting the educational
building. As of today we've received the building permits for the rest
room and maintenance building on the northwest corner.
We will continue with the educational building, the parking lots,
and sidewalks. We anticipate completing all the boardwalks next
week.
Just to give you have a little bit of a view what we've got going
on there now. Rather than dragging everybody through wetlands,
we've taken some nice interesting pictures of what we've
accomplished, the new plantings.
Okay. And let's see. Some new residents for you. Already
taking up residency. It's a beauty to see these every day. We go out
there, we find something new. Yep, he was out there. The owl. I'm
glad the owl showed up after we were done construction, okay. The
hawk, he's been hanging out there with us for a while now. Okay.
Just a little vegetation going on, a little monitoring by the water
district.
And here's what we've got to look forward to, the educational
building from the boardwalks looking in and our Freedom Park
Memorial.
Again, I take this opportunity to thank you. And if anybody has
any questions, please do not hesitate to ask me.
CHAIRMAN HENNING: Questions by the board members?
(No response.)
CHAIRMAN HENNING: Thank you.
COMMISSIONER COYLE: Great job.
Page 32
September 23, 2008
MR. McKEVITT: Thank you.
COMMISSIONER FIALA: Really good.
MR. McKEVITT: Thank you.
MR. MUDD: Thanks, Margaret.
Item #5B
WASTE MANAGEMENT, INC. OF FLORIDA CONTRACTOR
PRESENTATION ON CONTRACT 07-4138 RECLAMATION OF
COLLIER COUNTY LANDFILL CELLS 1 AND 2 - PRESENTED
MR. MUDD: The next presentation will be from Waste
Management, Inc., of Florida, will give a contractor's presentation on
a contract, 07-4138, which is the reclamation of the Collier County
Landfill cells one and two.
MR. ATKINSON: Good morning, Commissioners. For the
record, I'm Dayne Atkinson, Project Manager for Public Utilities
Engineering Department.
I, along with Waste Management, will provide you a short
presentation on solid waste management department cells one and two
reclamation project, and we'll be able to answer any questions you
may have.
The cells one and two project is one of the largest reclamation
projects in the State of Florida. The project will provide as outlined in
your integrated solid waste management strategy, environmental and
growth management compliance, airspace preservation, operational
excellence, and best value service.
I'd like to introduce Ray Chooning (phonetic) from Waste
Management, Inc., of Florida, their project manager, to give you a
short project status.
MR. CHOONING: Thank you, Dayne. Thank you, board. My
pictures are going to be a little bit different contrast to the beautiful
Page 33
September 23, 2008
wetlands you saw, but there's good in what we're doing out there.
I want to thank you for this opportunity today, and I also -- I'm
particularly pleased just because of the success that we have had with
this particular proj ect.
To make these move I need to do what?
MR. MUDD: You just need to hit the button.
MR. CHOONING: The right, okay, good. All right. There we
go.
The contract overview is -- the contract was awarded to Waste
Management, Inc., of Florida for the amount of $7,597,000. The
project contract period was from November 16, 2007 through
November 16 of2009.
Just to give you an overview of the reason you guys approved
this project. Its particular purpose was to maximize the available land
face or disposal airspace at the Collier County landfill.
It extends the life of the landfill by allowing future cell
construction, adding many years of capacity to the landfill. It
enhances the environmental stewardship of the landfill by --
eventually we're going to take this area that we have reclaimed. We
are going to build new cells, and they will be lined cells where today
they are unlined. So we'll be adding additional groundwater
protection measurements at the facility.
The other bonus out of this is that this cells (sic) were originally
designed and built back in the '70s, and back then they had a different
method of how they disposed of waste. We are able to reclaim daily
soil material out of this, and I'm going to give you some numbers here
in a little bit that hopefully will make you very proud of what you've
approved and where we are.
It was also a part of the landfill operating agreement that --
between Collier County and Waste Management. Weare the operator
of the landfill. And it was part of the agreement for us to undertake
this work, it complies with the integrated solid waste plan of the
Page 34
September 23, 2008
county, and it was a management strategy of your AUIR level of
service standards that you've set.
To give you a little project background, as I said, the cells one
and two were originally filled in the '70s during the period of 1976
through 1979. The cells were closed. They were covered with a soil
cap, but unfortunately there was no bottom liner, so it was the old
style of, you know, your father's dump, if you will.
In that particular area there was an estimated 350,000 cubic yards
of waste within a 22-acre area, and the reclamation project was
designed to recover this material and to reuse a lot of the soils that we
could screen out of it in a cost -- environmentally sound and
cost-effective manner.
A pilot study was done some five years ago, and it showed that --
it proved that we could effectively process this material and reclaim
soil out of the material.
The contract, as I said, was originally let for $7.6 million.
Through the end of August we have spent 5.4 million on the base
proposal. I'm here to tell you that on allowance one, which we had set
aside for $878,000, probably will not be spent and will be saved.
Allowance two of $809,440, right now only spent about 194,000,
and it may be maybe 300,000. So it will be another half a million
dollars there that will probably be potentially saved. So I'm sure
you're probably writing down what you're going to do with this money
right now, right?
Sorry, Dan.
I want to tell you a little bit about the performance. We have
completed this -- almost completed this project. We are 98 percent
done. So I told you that we started in November of last year. It was
supposed to be a two-year project. We're almost done. So we almost
completed a two-year project in about 10 months.
The reason we did that is because we were able to quickly
develop a mining plan, we got it quickly approved through our
Page35
September 23, 2008
relationships with the FDEP, we were able to get going right away.
I'm happy to tell you and I know it was one of the concerns of the
board members that we had zero odors detected. We had zero odor
complaints. We had an odor measuring system out there. We were
prepared for anything that was going to be thrown at us during that.
As it turned out, all the waste had greatly decomposed, and it was
benign.
We had no methane or H2S detections whatsoever. Our dust
plan was implemented and we had continuous monitoring and we
remain below OSHA standards.
We tested the bottom of the hole as we excavated. We found that
the hole was actually built on top of cap rock. In other words, they
dug all the way to cap rock and they filled from there. The bottom was
very clean. We got clean results back, so there does not appear that
there will be any long-term environmental impacts at this particular
facility, which is goods news.
Also, it turns out that the soil finds that we reclaimed from this
work were also extremely clean and were able to be yet -- could be
used for fill material for our daily cover at the landfill.
We've had no leachate, which is basically free liquids within the
waste that had to be removed, our stormwater has been well managed
and separated from the waste, and there's been no environmental
impacts reported whatsoever during the project.
So far, through the end of August, we have excavated 324,000
cubic yards. Of that, 148,000 of those yards were solid waste that
actually went into the lined facility, and the rest of it was soils that we
were able to screen out through the process and use those.
Those soils -- there's enough soils that we reclaim to provide the
daily cover during the entire period that we operated, which was 10
months -- so in other words, the county did not buy any dirt
whatsoever for 10 months -- and there's enough dirt left to last another
probably 12 to 14 months, saving, again, the county a lot of money.
Page 36
September 23, 2008
We had a 55 percent soil recovery, and we had a project target of
50 percent. And as I said, the project is 98 percent complete and is
substantially ahead of schedule.
Now, I'm just going to go through some pictures. And like I said,
I wish I had some wetlands to show you, but I don't.
This is how -- this is the condition of the area when we first
started. Here we've cleared it up and we've already picked up a lot of
waste tires and other debris that was laying out there, and you can see
that.
This is the odor misting system. You can see the generator, you
can see the actual system itself. You see these poles with the hose.
And then when the system's turned on, it creates a mist, and that
basically is like a large glazed fragrant system that basically
suppresses the odor, neutralizes it, and eliminates it. But I'm proud to
say that we never had to use it.
Also you see the stormwater ditch. This is our leachate
collection tank. Again, we never had to collect any leachate.
This is the actual process. This is called a trommel. The waste is
excavated, it's brought over there, it's dropped into this screen. And
on one end of it comes out -- the screen finds material, on the other
end comes out the waste.
Here you see the screens of the finds coming off the one end of
the machine, and here's the waste coming out the other end. That then
gets picked up, taken into the landfill, and then deposited.
Here's another shot of that trommel in action. You can see the
excavators picking up the materials, separating it, screening it out.
And this is probably a month or two into the project. And here we are,
several months. You can see the whole floor starting to get covered. I
don't know if you can see the background where the -- where that
excavation working face is.
And this is further along. And unfortunately in around July,
August, we started getting hammered with rains. And so -- but the
Page 37
September 23, 2008
good news was, is that we're almost done. We were ~lmost complete
at that point in time.
Now I want to take you through a series of 3-D images. This is
the site as it started. This is just a graphical representation of the
surface of the facility when we started.
Here's the first month. Now, you can see that darker green
starting to show up. That's where we have excavated down, and then
the next month we've pulled a little bit more out. The next month we
got pretty good at what we were doing. The next month we got real
good at what we were doing. And you can see the floor starting to
take shape and the material coming out.
And here's -- we are in May. This is June. July, August. And
this is September where we're pretty much done.
Is there any questions?
CHAIRMAN HENNING: Thank you. Commissioner Fiala,
Commissioner Halas.
COMMISSIONER FIALA: Yes. I just want to say I'm very
fascinated with actually the whole public utilities department, and I've
been arranging little tours for East Naples people who might want to
go.
We took about 20 people out here one day. You were busy
digging this thing, taking all of this stuff out, and we couldn't even
smell that we were in a landfill. And I -- that to me was remarkable as
it was, and to see how well you were doing, how -- it was remarkable
to see how you were moving forward and at such a coordinated,
almost orchestrated pace. I was so impressed, and I just wanted to say
thank you.
MR. McKEVITT: Thank you.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. When you opened up these
two cells -- obviously they've been closed for some period of time.
MR. McKEVITT: Right.
Page 38
September 23, 2008
COMMISSIONER HALAS: What items did you find that did
not break down, that there was no decomposing of the products?
MR. McKEVITT: Well, most of your household garbage had
broken down quite a bit, and even plastics and things like that were
basically shredded. They were very decomposed.
Obviously metal, you know, glass, those kinds of things were
somewhat still intact. There was a lot of tires. I kind of glossed over
that one, but we took out -- we will, at the end of this project, probably
7,000 tons of recyclable materials came out of that whole as well.
So not all of it was just garbage that went into the hole. We also
took 7,000 tons ofrecyclables that went to good use, tires, concrete,
metal.
COMMISSIONER HALAS: Did you say that the plastic did
break down?
MR. McKEVITT: Yes, a lot of the plastics. And what gets
plastic is usually UV damage and the heat will typically degrade it.
COMMISSIONER HALAS: How about styrofoam?
MR. McKEVITT: Don't remember seeing a lot of that. And
back in the '70s, there wasn't as much styrofoam being used as there is
today.
COMMISSIONER HALAS: Okay. Thank you.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Commissioner Henning,
you and I can well remember what it was like back --
COMMISSIONER FIALA: Me too.
COMMISSIONER COLETTA: -- prior to 2000. Commissioner
Fiala, also.
COMMISSIONER FIALA: Yeah. I was working right there in
Golden Gate. My eyes would water, it was smelling so bad.
COMMISSIONER COLETTA: And we were told by the
commission at that time that there was nothing that could be done
about it, that we lived in an area and we shouldn't have moved there,
Page 39
September 23, 2008
and that's why our property was so inexpensive. It was unbelievable.
But it's been absolutely amazing what Jim Mudd and his staff and
you people have all done collectively to turn the tide on this thing to
give us a facility that's second to none.
No complaints. It's accepted as part of the -- of Collier County.
It's just another facility. It's not a detriment to anyone that lives in the
immediate area. I commend you for what you did.
Now, one thing I'd like to ask you just a little bit about -- and
man, I just absolutely love it when somebody stands up there and they
tell me, we were allowed so much money and we didn't spend it all
and we're going to give it back to you. What was the number again, if
you would, please.
MR. McKEVITT: Allowance one was 878,000, and on the
allowance two, it will be somewhere around 500,000.
COMMISSIONER COLETTA: Now, this is money that you
received or money you're giving back?
MR. McKEVITT: No. It's money that we will not be drawing
from. It was set aside for the project. We were able to perform the
project where those contingencies did not arise. In other words, the
way we did the project, we didn't have to worry about leachate. The
way we did the project we didn't have to worry about certain things,
and because we condensed 24 months into 10 months.
COMMISSIONER COLETTA: Now, this money that you have,
will this be turned back to -- what fund does this go to?
MR. RODRIGUEZ: Good morning, Commissioners. For the
record, Dan Rodriguez, your Solid Waste Director.
What I'd like to preface is that the project's not over yet. And
even though we've had great successes with this project, there still
remains areas to be excavated and approvals from FDEP.
So the reclamation is not quite finished. Those savings, they look
good and they seem good. We still have five acres as part of the old
gun range that was reclimated, but they didn't go all the way down to
Page 40
September 23, 2008
the cap. So we still have that area to reclaim as well.
And as you know, the rainy season's not quite over. Once that
water dries up, we go back out there and test the ground and area. We
need to make sure that there are no contaminations, no hazardous
wastes that have been exposed, things like that. So--
COMMISSIONER COLETTA: But as far as the schedule goes
at this point in time, you have quite a savings, or is this money that's
been budgeted for the whole project and you really don't know where
you stand yet?
MR. RODRIGUEZ: That's correct. The contract with Waste
Management was based on the cubic yards excavated. So they'll get
close to the same amount as it relates to the volume that they excavate.
They're paid by a cubic yard. Those contingency funds are exactly
that. We need to make sure we wrap this up --
COMMISSIONER COLETTA: I understand.
MR. RODRIGUEZ:. -- with a nice bow in it and then we can
bring the checkbook back and say we have a positive --
COMMISSIONER COLETTA: Now, that money that you don't
spend, what can that be used for? Is it limited just for use for the
landfill because it came from a special tax for just that, or is it --
MR. RODRIGUEZ: It's actually in your capital projects fund,
and it can help to fund additional capital projects as outlined in your
integrated solid waste management strategy and fused back into our
operating budget.
MR. MUDD: Those monies come from the annual rate that
people pay to take their solid waste. So it's in the solid waste
department and it came from those particular dollars. Those dollars
left over, Commissioner, will go into a capital fund that would work
on your next landfill.
COMMISSIONER COLETTA: Okay. And I very selfishly was
looking at the possibility we might have some funds left over from this
to use for --
Page 41
September 23, 2008
MR. MUDD: Limerock roads, I know, sir.
COMMISSIONER COLETTA: It was that also, but also EMS to
make sure we can maintain services.
MR. MUDD: Yes, sir. But this is pretty stuck to --
COMMISSIONER COLETTA: I understand. But thank you so
much for what you're doing.
MR. RODRIGUEZ: Thank you, Commissioners, for your
support. Appreciate it.
CHAIRMAN HENNING: Thank you.
Item #5C
RECOGNIZING SUSAN USHER, SENIOR BUDGET ANALYST,
OFFICE OF MANAGEMENT AND BUDGET, AS EMPLOYEE
OF THE MONTH FOR AUGUST 2008 - PRESENTED
MR. MUDD: Commissioner, that brings us to paragraph 5C. It's
a recommendation to recognize Susan Usher, the Senior Budget
Analyst, Office of Management and Budget, as Employee of the
Month for August, 2008.
Ms. Usher, if you could come forward.
CHAIRMAN HENNING: Yeah, we --
MR. MUDD: Susan Usher, Senior Budget Analyst, has been
nominated as the Employee of the Month for August, 2008. Susan's
dedication to efficiency, integrity and customer service are eyident in
the high quality of work she performs. She is never too busy to assist
on a project and she frequently serves as a mentor to other employees.
Susan is a key representative for the county manager's agency in
many of the financial and informational systems changes implemented
by the organization. As such, she works tirelessly to ensure that all
transactions are as smooth and seamless as possible.
She has taken an integral role for the county manager's agency
Page 42
September 23, 2008
representing the Office of Management and Budget for the SAP
implementation and upgrade activities, as well as spearheaded the
implementation and pending upgrade of the GovMax budget
application.
These projects, in addition to her regular job duties, often require
countless hours of work beyond the typical day. And I can't
remember a Saturday that I haven't been in here and Susan's been here
too, just to kind of give you on a personal note.
In addition to the immense time that Susan devotes to the county,
she also serves the community as a volunteer for several
organizations, including the Boy Scouts of America, the Odyssey of
the Mind. Susan is a true public servant dedicating her time and
resources to the benefit of the employees and citizens of Collier
County. She is truly deserving of the award.
Ladies and gentlemen, I'd like to present to you the Employee of
the Month of August, 2008, Susan Usher.
(Applause.)
CHAIRMAN HENNING: Don't go away. I have something for
you.
Commissioners, this wouldn't have happened without the
colleagues that Susan works with, that is a peer review, their
recommendations, as the Board of Commissioners recognizes Susan
Usher as the Employee of the Month. So congratulations.
Here's a letter stating so, a small check that you can share with
your colleagues, and a plaque for your office. Thank you so much.
MS. USHER: Thank you.
COMMISSIONER FIALA: Thank you, Susan.
(Applause.)
MR. MUDD: Sue, you get to take a picture.
CHAIRMAN HENNING: Enjoy.
MR. MUDD: Commissioner, that brings us to the public
petitions section. The first public petition was continued to 14
Page 43
September 23, 2008
October, as I stated in the change sheet.
Item #6B
PUBLIC PETITION REQUEST BY TRENT SEGUIN TO
DISCUSS THE NEW MEDIAN INSTALLED ON
WHIPPOORWILL - MOTION TO BRING BACK AS AGENDA
ITEM AND HAVE STAFF WORK WITH BUSINESS' TO COME
UP WITH AL TERNA TIVE SOLUTIONS - APPROVED
MR. MUDD: Next public petition is request by Trent Seguin to
discuss the new median installed at Whippoorwill.
MR. SEGUIN: Good morning, Commissioners. Just for the
record, my name is Trent Seguin. I'm the General Manager of the
Best Western Naples Plaza. I speak on behalf of several other
businesses on Dudley Drive, including Rick Johnson Auto & Tire, the
Spinnaker Inn, International House of Pancakes, Seagate Baptist
Church, Avow Hospice, and we're here to discuss the new median put
in on Whippoorwill and the hinderance it's put on our businesses.
And we've also had Chief Stoltz from the North Naples Fire
Department go out there, and he's got some concerns about the
hinderance it is going to cause his fire trucks, so there's some safety
.
Issues.
At one point we had three entrances to this area. They took away
the one that -- from -- on Pine Ridge that turned into Lawson when
they went four lanes. Now, we overcame that hinderance because we
still had the left-hand turn on Dudley.
The problem comes in is anybody coming from 1-75, which is
almost 100 percent of the guests at my hotel. Obviously they're
coming from 1-75. N ow they have to go down -- further down
Whippoorwill in front of Avow Hospice and Seagate church and do
turns.
Page 44
September 23, 2008
Now, if you're in a Dodge Neon, that's not a big concern. If
you're in anything bigger than that, it becomes a bit of a concern,
particularly, these gasoline trucks that deliver gas to the two gas
stations there. I don't think that's a -- they can't do the turn. They end
up doing a three-point turn which causes congestion and backup.
Also delivery trucks, Le., Cisco, things like that. Even the UPS
driver has been complaining about it. He can't -- you know, he has a
hard time with it.
I would propose a solution and that would be just to double
yellow line the thing, then that way we can still take our left-hand
turns there and we can still -- I mean, at this point anybody leaving
Dudley cannot take a left onto -- you can't go to Avow Hospice from
my business. You basically have to go across the street and do a
U -turn like in the Hooters, I guess, parking lot to get back, and then
come back to get to the Hospice. So any family members that are
staying at my hotel visiting Family Hospice (sic), they can't get to
their family, and that concerns me.
The Chevron gas station did not show up today.
COMMISSIONER FIALA: Yeah, she's there.
MR. SEGUIN: Oh, is she? Oh, thank you. Their business has
been hurt dramatically. And at 7:30 in the morning you couldn't get in
there, it was packed, and now it's just a ghost town.
So I guess what we're asking the board is for some help. We're
asking for some options. We're asking for a way to give us our turn
back so that we can operate our business. We ask it to be back to
where the planned unit development was when it was designed. One
more turn and you're going to have to have a helicopter to get to my
hotel.
So that's basically all I have to say on that.
CHAIRMAN HENNING: Okay. Commissioner Fiala has a
question; Commissioner Halas has a question.
COMMISSIONER FIALA: Yeah. I was just wondering, does
Page 45
September 23, 2008
our transportation department have a solution to this that will resolve
this issue?
MR. FEDER: Commissioner, for the record, Norman Feder,
Transportation Administrator.
The difficulty we have, as was noted when all this development
occurred, there was basically a small pathway that now is
Whippoorwill that was utilized as one of the access points. As it's
developing and as eventually it will become a Radio Road connection
to Livingston, its development has placed us in a position of looking at
what our access controls are.
The problem with the left turn is its proximity to Pine Ridge.
And if you have any vehicles exiting on Whippoorwill to Pine Ridge,
then you have vehicles waiting to take that left and then backing up
potentially out into the Pine Ridge area. So that's our major concern
about trying to provide this access.
We'll be happy -- I know this is under public petition. We'll be
happy to sit down with you folks, look at what options there are and
try to bring those back to you if that's the board's direction.
We're not trying to restrict their access. We're just trying to make
sure that we promote safety. So I'm not sure I have an answer to your
question at the moment, but we'll be happy to explore what the options
are and -- or to take any direction that this board wishes to give us.
CHAIRMAN HENNING: Commissioner Halas, then
Commissioner Coyle.
COMMISSIONER HALAS: Yeah. I was -- basically, I think,
Commissioner Fiala had asked the question that I was going -- in the
direction I was going.
Obviously you don't have anything to show us today and -- as far
as diagrams or what's actually at that intersection. So when this is
brought back, as long as we have a detailed explanation of what's
going on and also what the future plans are -- I think future plans are
very important so that we don't inhibit (sic) any problems there or
Page 46
September 23, 2008
cause additional safety problems in that area.
MR. FEDER: Understood.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I would just like to put
Commissioner Halas' comments in the form of a motion and
recommend that it be brought back with alternatives to solve the
problems of these businesses.
COMMISSIONER HALAS: I'll second that motion.
CHAIRMAN HENNING: Okay. Is the motion to get together
with the --
COMMISSIONER COYLE: Yeah.
CHAIRMAN HENNING: -- with the landowners?
COMMISSIONER COYLE: Yeah.
CHAIRMAN HENNING: And then come back to the board with
a solution.
COMMISSIONER HALAS: Yep.
CHAIRMAN HENNING: All in favor of the motion, signify by
.
saYIng aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
I just have one question. What's the name of the PUD?
UNIDENTIFIED SPEAKER: It was in 1984. I don't remember
the name of it. Naples Plaza.
MR. SEGUIN: Oh, yeah.
UNIDENTIFIED SPEAKER: Naples Plaza.
CHAIRMAN HENNING: I'll tell you what, we can talk later
Page 47
September 23,2008
about that. Give me a call.
MR. SEGUIN: I'll get that.
CHAIRMAN HENNING: Thanks. There's only one petition,
one spokesperson. You're more than welcome to fill out a petition
form and come back at the next meeting.
MR. SEGUIN: Thank you, Commissioners.
Item #6C
PUBLIC PETITION REQUEST BY W. SCOTT CULP TO
DISCUSS DEFERRAL OF IMP ACT FEES FOR BRITTANY BAY
APARTMENTS - MOTION TO BRING BACK AS AGENDA
ITEM WITH OPTIONS - APPROVED
MR. MUDD: Commissioner, that brings us to our next public
petition, and this is a request by W. Scott Culp to discuss deferral of
impact fees for Brittany Bay Apartments.
SENATOR SAUNDERS: Mr. Chairman, Commissioners, I'm
obviously not W. Scott Culp. I just wanted to make a quick
introduction.
Burt Saunders with the Gray Robinson Law Firm, and we do
represent Scott Culp and the Atlantic Housing Partners, and this
involves an extension of a -- of impact fee deferral for workforce
housing.
CHAIRMAN HENNING: Is Mr. Culp here?
SENATOR SAUNDERS: Yes. And I just wanted to make a
quick introduction to him, if that's permissible.
CHAIRMAN HENNING: Are you speaking on his behalf?
SENATOR SAUNDERS: Yes. I represent--
CHAIRMAN HENNING: All right.
SENATOR SAUNDERS: -- Mr. Culp.
CHAIRMAN HENNING: So Mr. Culp won't be presenting;
Page 48
September 23, 2008
Burt Saunders will be?
SENATOR SAUNDERS: No, he will be. I just wanted to
introduce him to the commission.
And just to let the commission know, I did meet with Leo Ochs
on this particular issue, and we were advised that this would be the
proper procedure to come before the board in a public petition.
So Mr. Chairman and members of the commission, with that I'd
like to introduce Mr. Culp, who is with Atlantic Housing Partners.
MR. CULP: Thank you, Commissioners. I appreciate you
taking the time. We weren't sure on the exact method to bring this
request and how to present it, and maybe that's some of the confusion.
I am Scott Culp with Atlantic Housing Partners. I represent the
owners of the Brittany Bay Apartments.
Brittany Bay is a 184-unit apartment community developed early
2000/2001 for workforce housing. The community is developed with a
number of different resources. The taxes and bonds issued by your
county housing finance authority, a second phase of it being
developed with federal housing tax credits through Florida Housing
Finance Corporation, as well as HOME funds. And you offered,
under your impact fee ordinance, the impact fee deferral for this
community.
The agreement for the restrictions on the affordability lasts for a
period of 15 years, and we're asking fora consideration of extending
the deferral of the impact fees to the term of the affordability, which
would be a total of 15 years.
It's now come to the expiration of the initial deferral, which was
the six-year period, and we're asking for the extension to the term of
the affordability, which is the 15 years.
And, of course, I can answer any questions you might have about
the community or the owner or the service that we're providing.
CHAIRMAN HENNING: Commissioner Coyle, Commissioner
Fiala, and then Commissioner Halas.
Page 49
September 23, 2008
COMMISSIONER COYLE: Mr. Chairman, I believe we have
several circumstances such as this, and we need to develop some sort
of coordinated or standard response to this problem in a way that helps
us understand the financial impact on the county as well as the impact
on the petitioners if they don't get the extension.
So I would suggest we bring this back and ask the staff to provide
us a range of options concerning such extensions.
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: Is that in the form of a motion?
COMMISSIONER COYLE: Yes, it is.
CHAIRMAN HENNING: And second by Commissioner
Coletta.
Commissioner Fiala?
COMMISSIONER FIALA: Well, I guess I can make my
comments then. But I think that they've been collecting rent all of this
time, and we've given them lots and lots and lots of dollars to build
this thing, and I'm -- and we need these impact dollars right now. We
can't even build some of our infrastructure because we're not getting
the impact fees in because we keep deferring them.
I just don't have -- think we have the capability of putting off any
longer deferring -- deferring our impact fees.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: How much have you paid on
impact fees as of to day's date?
MR. CULP: I don't have that information with you (sic). The
county's portion of the impact fees were deferred for that six-year
period.
COMMISSIONER HALAS: But how much have you paid
towards this? You've had a deferral, but we've had other cases where
people at least have tried to pay something towards the impact fees.
MR. CULP: We haven't paid anything on the deferral at this
point.
Page 50
September 23, 2008
COMMISSIONER HALAS: You haven't paid anything?
MR. CULP: No. There was no requirement in the agreement for
any payment during the period.
COMMISSIONER HALAS: Well, you had six years --
MR. CULP: Correct.
COMMISSIONER HALAS: -- to pay on this thing, and the six
years has terminated--
MR. CULP: That's correct.
COMMISSIONER HALAS: -- and now you're coming before us
asking us for additional time --
MR. CULP: That is correct.
COMMISSIONER HALAS: -- but you haven't made any
movement in regards to trying to pay any of the impact fees.
MR. CULP: The agreement was for a complete deferral. It
wasn't a payment plan through that period. And at the end of that
agreement, which is when we're coming to you now asking for the
continuation -- we can, if that's the pleasure of the board, consider a
payment. But as you said, you have to look with staff at how that
impacts you and us as we move forward.
COMMISSIONER HALAS: Well, the problem is, you had these
-- you built this building in 2001 when times were very good. We've
moved through the cycle, and there hasn't been any movement on your
part to make any type of gesture to take care of the impact fees. And
so at the present time, you owe the whole amount.
MR. CULP: That is correct, we do.
COMMISSIONER HALAS: Okay. Thank you.
CHAIRMAN HENNING: I have a question. The -- County
Manager, who's going to bring this back with a -- give us options to --
what to do with this one and others?
MR. MUDD: It would be -- I believe Amy Patterson would be
the person that would deal with this because she deals with the impact
fees, sir.
Page 51
September 23,2008
CHAIRMAN HENNING: Is it possible, if the impact fee
deferral was based upon the zoning, could you bring that back and
enlighten the board on this? And is this the first request for extension
or was it --
MR. MUDD: No, sir.
CHAIRMAN HENNING: -- extended before?
MR. MUDD: The Wolfe Apartments came in, was the--
CHAIRMAN HENNING: No, just this one. Brittany, I think it
is. Did they -- did they -- were they supposed to come in with their
impact fees prior to this? Is this the second deferral?
MR. MUDD: Yes, sir. This is -- they have two deferrals, best I
can tell, Phase I and Phase II.
CHAIRMAN HENNING: Okay.
MR. MUDD: Right. Now phase I is due, and Phase II will being
due in February of 2009 for another 1.2 million.
CHAIRMAN HENNING: So you're saying they haven't asked
for deferrals other than today?
MR. MUDD: That's it, sir.
CHAIRMAN HENNING: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And I think this
commission's going in the right direction. I'll be honest with you, it's
going to take a very convincing argument for me to extend them when
it comes back, but I do feel, like Commissioner Coy Ie, that we need to
know all the facts that enter into this before we make a decision.
CHAIRMAN HENNING: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah. And I would like to make it
clear, I do not in any way disagree with anything that Commissioner
Halas or you have said about this.
I think we need to consider this very, very carefully. There's got
to be some good reasons why people aren't prepared to do what they
said they were going to do.
So I just -- I just want to make sure that we're not bombarded
Page 52
September 23, 2008
with all these kinds of requests and that we treat them all equally and
fairly. And I just would like to be armed with the facts so that we
understand what decision we should make about that.
CHAIRMAN HENNING: Okay, great.
MR. CULP: That's it. Thank you.
MR. MUDD: I believe --
CHAIRMAN HENNING: There's a motion and second.
MR. MUDD: I believe, was there a motion, Sue?
MS. FILSON: Yes. I have a motion--
CHAIRMAN HENNING: Motion and second --
MS. FILSON: -- by Commissioner Coyle--
CHAIRMAN HENNING: -- on the floor.
MS. FILSON: -- a second by Commissioner Coletta.
CHAIRMAN HENNING: Motion, as I was about to say.
MR. MUDD: I'm sorry, sir.
CHAIRMAN HENNING: Motion and second on the floor to
direct staff to bring back a -- options, what to do with this one, and
other requests for extension of impact fee collection or -- it could be
SHIP funds too.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
We're going to take a --
MR. CULP: Thank you, Commissioners.
CHAIRMAN HENNING: -- a 10-minute break for the court
reporter and Leo Ochs, and be back here at --
Page 53
September 23, 2008
COMMISSIONER COYLE: And me.
CHAIRMAN HENNING: -- and be back here at -- what time,
Leo?
MR.OCHS: 10:37, sir.
CHAIRMAN HENNING: 10:37, 10:38.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
Item #9A
RESOLUTION 2008-289: APPOINTMENT OF KAREN JOYCE
HOMIAK TO THE COLLIER COUNTY PLANNING
COMMISSION - ADOPTED
CHAIRMAN HENNING: The next item is 9A, appoint
members to the Collier County Planning Commission. We have two
considerations; one withdrew. So the only one there is Karen Homiak
from District 1. .
Entertain a motion.
COMMISSIONER COYLE: Motion to approve Karen Homiak.
CHAIRMAN HENNING: Motion by Commissioner Coyle to --
COMMISSIONER HALAS: Second..
CHAIRMAN HENNING: -- approve Karen Homiak as the
District 1 representative on the Planning Commission, second by
Commissioner Halas.
COMMISSIONER FIALA: Sorry.
CHAIRMAN HENNING: All in favor of the motion, signify by
.
saYIng aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
Page 54
September 23, 2008
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
COMMISSIONER COYLE: Mr. Chairman, could I ask a
question. Which seat is vacant? It was unclear to me.
MS. FILSON: Oh, Mr. Lindy Adelstein resigned. It's in the
paragraph prior to the applicants. And it was -- he's from District 1.
CHAIRMAN HENNING: Next item is --
COMMISSIONER COYLE: I got it, okay.
MR. MUDD: Next item, 9B. It will be heard at 11 :30 today. It's
a time certain.
Item #9C
EXECUTIVE MANAGER TO BCC ANNUAL EVALUATION -
MOTION BY CHAIRMAN TO DIRECT COUNTY ATTORNEY'S
OFFICE TO PREP ARE A RESOLUTION TERMINATING THE
EXECUTIVE MANAGER'S CONTRACT - MOTION FAILED;
MOTION FOR HUMAN RESOURCES TO PROVIDE THE BCC
COPIES OF THE FILES OF ALL TERMINATED AND PAST
EMPLOYEES GOING BACK TO NOVEMBER, 2000 FOR
REVIEW AND FOR THIS ITEM TO BE BROUGHT BACK AT A
FUTURE BCC MEETING - APPROVED
MR. MUDD: That brings us to 9C, which is the executive
manager to the Board of County Commissioners annual evaluation.
CHAIRMAN HENNING: Okay. Let me -- let me start off by
saying why my evaluation is different than the others, at least the
sheet -- the scoring sheet.
Page 55
September 23, 2008
It says in the agreement that the -- there will be an annual action
plan prior to October 1 of each year. I could not find where the board
approved this action plan for the fiscal year of 2007 and 2008, nor is
there one here today. So I'm not sure what we're going to be doing for
the previous year.
I went by the contract by -- and it states the commissioners can
solicit the input of any source, internal and external, in conducting an
employee's evaluation.
Anybody else?
(No response.)
CHAIRMAN HENNING: Well, I'll tell you, the -- what
concerns me even more now is I understand that the executive
manager of the BCC has shared my review with other commissioners
and has never came to me and asked why (sic) my review is or change
it (sic), and I think that's very undermining.
I can just imagine what happens -- if that's going to happen to a
commissioner, what's going to happen to others; therefore, I'm going
to make a motion to direct the county attorney to prepare a resolution
of terminating the contract.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Discussion?
COMMISSIONER FIALA: Yes. What do you mean
terminating the contract? The contract when we put her as her own
boss?
CHAIRMAN HENNING: Terminate -- resolution terminating
the employee and the contract.
COMMISSIONER FIALA: Oh, and terminating the employee?
CHAIRMAN HENNING: Right. Commissioner--
COMMISSIONER COLETTA: No. Commissioner Fiala still.
COMMISSIONER FIALA: I feel that -- I don't want to go to
that length, to be honest with you. What I feel is that definitely there
are some problems in there, and I think that they need to be resolved,
Page 56
September 23, 2008
but I think on the whole, I think -- I think that Sue does the best job
that she is capable of doing and I don't think that she realizes the
problems that she causes by giving away confidences to other people
or by talking between one commissioner and another or one employee
or another, and I think that that could be resolved by going to human
resources, maybe each employee going there, and without ever having
to answer for what they have to say to HR, not getting back so that
everybody knows what everybody's doing. Have them talk to HR and
tell from the heart of hearts what is the problem. Let HR interview
each one, analyze them all together, and come up with a -- with a
recommendation to Sue on how she can improve her performance and
create a more pleasant environment to work in.
CHAIRMAN HENNING: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: And I'd like to build on what
Commissioner Fiala said. We have a -- we have an employee now
that is -- with the exception of the office itself and how she possibly
manages some of the people back and forth -- has been exceptional
how she's handled everything else. She's got everything out on time,
she's produced what we asked her to produce.
There's part of her valuation that we seem to be uniformly in
agreement that there could be some improvements made. Now, a case
in point was is that -- and I hate to bring up the past, but back some
time ago we had a problem with Jim DeLony and how he was relating
to his office staff.
And the county manager, through working with outside sources,
was able to remediate the problems that existed, and we ended up with
an exemplary person that's one of our star employees today.
So I'd say rather than say, you know, that this is final, that we
haven't got anything we can salvage from this and bring an end to Sue
Filson's employment, we need to give real consideration to what we
can do to make sure we can build upon her skills that she already has
to make her even more of a valuable employee.
Page 57
September 23, 2008
I'd like to see this come back with maybe recommendations from
HR and maybe the County Manager's Office because of their
interaction with Jim DeLony before in the past.
CHAIRMAN HENNING: Commissioner Halas, Commissioner
Coyle.
COMMISSIONER HALAS: I probably spend more time in this
office than the rest of you commissioners. And over the past years
that I've been here, I really haven't seen any improvement. And one
way or another, all of us, our aides have been affected.
I've had some confidential conversations with each and -- each of
the staff members, and there doesn't seem to be any light at the end of
the tunnel in regards to addressing the problems that continually prop
up.
This past year we've had better than 50 percent turnover of staff.
I'm not sure what the problem is, but it's been continually going on
since I've been -- as a commissioner here. And I believe that there
have been -- there's been dialogue where we even -- I have, anyway,
in my past write-ups of her performance review, stated that she needed
to get additional courses in regards to management skills, improving
them.
Obviously, she's taken those courses, but the end result is, I don't
see any improvement. And the -- I can tell you that the air there in the
department is not like it used to be. There seems to be a high amount
of stress. And some of the accusations that have been -- that I've read
in regards to what other commissioners have written bothers me.
And this is not a funny matter . We need to make sure that the --
this is a very important department. And they interface daily with
each and every one of our constituents. And I believe that we need to
make sure that we have the best work environment possible.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Well, I have an entirely
different perception. You know, I've been here for seven years. And
Page 58
September 23, 2008
during that seven-year period of time, this office has functioned as
efficiently as any administrative office I've ever been associated with
anywhere, and that's why we hire an executive manager is to make
sure the office does its job. We don't hire the executive manager to
win a popularity contest.
I would say to you that it's the hardest job in Collier County. Just
imagine if all of those five administrators sitting in the back of the
room, if each one of them reported to one of us and worked directly
with us. Jim Mudd would have no control over what they say or what
they tell us.
If one of them desires to be the county manager one day, they
might very well be telling us things that Mr. Mudd is doing wrong.
There's no way to effectively keep people happy in that kind of
an environment. So being happy is not the objective. Having an
effective and efficient office is the objective, and it is effective and
efficient. Not one thing have I ever asked for over seven years that
hasn't been provided to me quickly and accurately either by my aide,
who I think is very efficient, and when she's gone, Ms. Filson either
does it personally or one of the other aides takes over and helps me as
well as my aide might have. There is excellent service to the Board of
County Commissioners here.
Now, the focus seems to be that because some employees have
left this office or have been terminated, that maybe Ms. Filson needs
to improve. Well, I can tell you I have personal knowledge of
insubordination, unprofessional conduct, and inefficiency among
those people -- some of those people, not all of them -- some of those
people who have been terminated.
The other complicating factor is that we as commissi9ners tend to
create this problem. We develop personal relationships with our aides
in the office, and that encourages aides to talk about things that mayor
may not be true. And I don't think we should take that all at face
value. We need to verify those things.i
Page 59
September 23, 2008
So if there is a problem, let's not jump to the conclusion that
because somebody came into your office and said, I don't like what
the manager did or the manager's always doing this or that, let's not
assume that those comments aren't self-serving. .
If there really is a concern about that, why don't we have a public
meeting and we sit down and we explore some of these issues and we
find out just who is telling the truth about what. That might be more
enlightening then telling Ms. Filson that she needs to go to HR for
some additional training or counseling.
I find that the office works very, very well under circumstances
that I think are almost unmanageable because of the nature of the
office.
But when we develop personal relationships that tend to give
people the impression that they will be protected in their employment
against any actions by their manager, we undermine the authority of
the manager and create the situation that provokes the kind of attitudes
that I have witnessed in this office.
I have witnessed an aide of a commissioner on this panel who's
sitting at the front desk making obscene gestures with her finger at
people down the hall with public present and members of the Planning
Commission present.
Now, I think everyone here would probably say that is
unacceptable conduct, but that person is being defended against Ms.
Filson because Ms. Filson took action to terminate her. So, you know,
we need to really get beneath the surface and deal with the issues.
Now, Mr. Chairman, your comments are very, very clear in your
evaluation. I don't know that there is any question about why you
rated Ms. Filson one way or the other, but they mostly centered
around the termination and the turnover in this office. And my feeling
is that when you terminate people who are disruptive, insubordinate
and sometimes inefficient, you make a better office, you don't make a
worse office.
Page 60
September 23, 2008
So that's my feeling about that. I think we're way, way off track
here, and I think we need to get back on track and start looking at the
overall operation of the office rather than, perhaps, the attitudes of a
couple of disgruntled employees.
CHAIRMAN HENNING: Okay. I'm going to go next, then
Commissioner Fiala, then Commissioner Halas.
Going back to 2006 of why this was a contract employee was the
turnover of employees of over 60 percent. This year we've had a
turnover of 50 percent.
And the things that I'm concerned about and -- I mean, we stated
them in the contract. Foster team environment. I haven't seen that.
Work shall be distributed equally. I haven't seen that.
Training. The office manager will train the personnel in the
office. I haven't seen that. I've seen others.
You know, and the administrative staff of the Board of
Commissioners, we need to work together. So -- and I mean, it's just
like this stuffwe're handing out now, that's kind of inappropriate.
We're discussing this on the dais.
And Sue, you were more than welcome to come to me and sit
down with me. You choose not to. My motion stands.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I think maybe -- maybe we
should go back to the way the contract was or maybe we should have
Sue Filson now answering to the county manager because then our
employees have another place to go.
I understand Commissioner Coyle's -- in the military I think that
you have one leader and you don't mess with it. I mean, everybody's
supposed to do that and you don't tell the leader how to do anything.
But in our office we have to live with them every single day, and
there's a -- when we see our people breaking into tears or upset or
worried that they're going to lose their job, naturally we want to -- we
want to help them. We want to protect them.
Page 61
September 23, 2008
Maybe we should go back to another type of a contract where
Sue Filson has somebody to answer to and our people have another
place to go if they have a problem rather than just stuck there.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: As I said, I probably spend more
time in this office than any of the other commissioners addressing
issues as a commissioner. And the tension, the times that other aides
are upset and they don't seem to have a real -- anyone to really go to, I
think it's time that we move on.
I have some real concerns that the direction that we have given
the office manager, that she has not taken this serious. As far as some
of the comments that are being made, this day and age, you have to be
very careful that you don't say things that can offend other people.
And it's amazing that people come to me -- I guess it's because of
the fact that in my prior life I was a supervisor and -- when they come
to me with problems, and I really can't do anything because I'm not an
HR person.
And I don't feel that the people here in the office fee~ that they
have anyone that they can really go to. And it's made it very difficult,
and to the point where sometimes there's games that are played like
pitting one against the other, and I will not tolerate that type of action.
So that's -- my second stands.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I don't know of anyone
in this county government that has their act down perfectly. I don't
know anyone that can't stand to have some improvements made along
the way.
I think Commissioner Coyle's idea about bringing this back with
some suggestions in the future what we can do to be able to make it
different bears serious consideration.
I guess the biggest question is, what's different this year than last
year? Last year, I mean, what a -- glowing recommendations.
Page 62
September 23, 2008
Commissioner Henning gave you a perfect score. I don't recall ever
giving anyone a perfect score before.
Commissioner --let's see. The next one was Commissioner
Coyle. Commissioner Henning gave you a perfect one. The average
was 5. Commissioner Coyle was right behind with a 4.8, and I was
behind him with a 4.7, followed with Donna Fiala with a 4.4, and
Commissioner Halas with 3.7.
So what is different this year than last year? I guess that's the big
question. What is the big underlying factor. Not that there isn't room
for improvement. There certainly is. I hate to see anyone in the office
ever distressed over any -- for any reason.
I think the problem is not only in communication with office staff
back and forth. I think it's in the general practice of who is hired and
the qualifications of those people.
Now, am I going to advise somebody on what to do even though
I've owned a business for 32 years? Heck, no. In this case here I'm
going to leave it to the professionals on how they handle it and how
the whole thing's put together.
But Commissioner Coyle, your idea to bring this back with all
sorts of different alternatives that we can look at to be able to discuss
-- and one of the alternatives could be, you know, if we can't find any
workable solution, would be to be able to support your motion at this
time, which I don't plan to do.
CHAIRMAN HENNING: Okay. We done?
COMMISSIONER COYLE: Yeah. I'd just like to make a
comment. I agree with Commissioner Coletta. You know, I think this
issue is being greatly distorted because of one or two instances. And I
think that is the wrong way to proceed with trying to manage this
office.
If people in this office are so unhappy, I think we all deserve to
hear that. Now, we can't all get together. I think we ought to have a
public meeting and we ought to get all of the employees and Ms.
Page 63
September 23, 2008
Filson and -- right here and say, if you're unhappy, tell us why right
now so that -- so that we're not -- not dealing with hearsay, we're not
dealing with what somebody told us individually behind closed doors.
We -- I'd like to get to the bottom of this, you know. I know that
there is a lot of gossip going around in the office about everything and
everybody. That is something Ms. Filson can't control because it is
generally the aides that are doing that, okay.
I think I know as much about what goes on here as any other
commissioner sitting on this dais. And as I said, I have had personal
experience concerning the conduct of some of the aides in the past that
were, in fact, terminated, and I think Ms. Filson was far more
diplomatic in handling those cases than I would have been.
But she has been very careful to go through human resources,
through our legal department in every single case where there was
some question about an employee's performance or attitude.
We're not even providing her with that kind of consideration
now. We're wanting to summarily terminate her because we're
unhappy with something that just happened or happened this year,
because it certainly didn't persist before. Our evaluations don't
indicate it.
So there's something wrong here, and I'm not going to be a party
to it. And I would like to see us as a board invite all the members of
the office staff into a public meeting where we can ask questions and
ask for proof of what problems have been caused in the BCC
manager's office that is causing the work and performance to suffer,
because I don't see work and performance suffering.
I see a teamwork operation. When my aide is off duty or if she's
sick or gone, somebody always jumps in. I don't have to ask for it. It
is always covered. So I don't see any problem with teamwork here.
But, nevertheless, we've covered that before.
CHAIRMAN HENNING: Commissioner Halas, then if we
could get to a vote.
Page 64
September 23, 2008
COMMISSIONER HALAS: Yep. Mr. -- or Commissioner
Coletta read off the evaluations last year, and obviously I wasn't happy
last year. And this has been a continuing factor. It had nothing to do
with one individual or whatever this year. It's a combination,
accumulation of what's been taking place.
And furthermore, I don't agree with you, Commissioner Coy Ie, in
regards to bringing everybody out. And those employees are not
contract employees. The only contract employee is Ms. Filson. And
to bring out everybody to air laundry or air what their concerns are, I
think, is the wrong way to go. That's why we are an HR department.
And I believe that there should be a trail directly to HR to where
these problems can be taken care of immediately. I'm sick and tired of
what's going on up here.
COMMISSIONER COYLE: Well, there is a trail to HR. Every
person that has been dealt with by Ms. Filson has had interviews with
HR and with the legal department. They have that option. And, in
fact, the most recent one did.
Ms. Filson went down to HR and sat with HR and they talked
about the issues. So there's no deprivation of rights here.
The point is, we have people who are talking to commissioners in
private relaying information that mayor may not be true, and then
we're trying to hang somebody for it. That is not the right way to
make management decisions.
If you want to make a good management decision, then let's get
the facts. And I'm as tired of this as you are, but it is being prompted
by information that is fed to commissioners by people they have
developed relationships with or they work with directly. And it just
simply isn't the way to do this -- make this decision.
CHAIRMAN HENNING: Well, you know, Commissioner, the
contract provides for us to talk to them. Have you taken that initiative
to talk to internal and external sources in your evaluation?
COMMISSIONER COYLE: I do not try to bypass Ms. Filson on
Page 65
September 23,2008
issues relating to her employees, okay?
CHAIRMAN HENNING: Okay. It just -- it spells it out in the
contract that that's -- we're allowed -- afforded that.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: So, you know, to comment that -- you
know, whether disgruntled employees past or present -- it provides a
process.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: And you know what? I like that
process because many of us are not here. Many of us leave for a part
of the summer and we don't know what's going on. I would always
like whatever's coming up on the agenda to get whatever source, and
the contract provides it, but --
COMMISSIONER COYLE: Well, why don't we get HR to
come in and talk with us about the most recent? Have you talked with
them?
CHAIRMAN HENNING: No.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: Have you?
COMMISSIONER COYLE: No, I haven't, and I'm saying
maybe we should.
CHAIRMAN HENNING: Well, there's a motion and second on
the floor right now.
So with that, any further discussion on the motion?
COMMISSIONER COLETTA: It might be a good idea to repeat
the motion.
CHAIRMAN HENNING: The motion is direct the county
attorney to terminate the contract and the employee through the
resolution.
All in favor of the motion, signify by saying aye.
Aye.
COMMISSIONER HALAS: Aye.
Page 66
September 23, 2008
CHAIRMAN HENNING: Any opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Motion fails.
Is there an alternative motion, alternate motion?
Commissioner Coletta?
COMMISSIONER COLETTA: I'm not quite prepared, but I'm
going to -- I'm sure Commissioner Coy Ie has something he would like
to offer.
But here's another thought. There's some concern over the fact
there won't be any transparency with this, which is good and it's also
bad. We're talking about, like Commissioner Halas said, noncontract
employees being brought before this commission possibly, and I don't
-- I feel very uncomfortable with it.
What's the possibilities? Like we have on the Productivity
Committee some extremely knowledgeable people that have been in
business all their lives. Maybe we could get a volunteer that has quite
a background, been the CO ( sic) of companies, many different
companies, has a success ratio that's unbelievable, and give him the
ability to be able to interview and then report back to us his findings to
be able to give us some advice of which direction to go. Addressing
that to you, sir.
COMMISSIONER COYLE: Okay. Mr. Chairman, is it okay if I
respond?
CHAIRMAN HENNING: Yeah, please.
COMMISSIONER COYLE: Yeah. I don't have any problem
with how we do it as long as we do it in a way that gets to the bottom
of the issue, the facts. I don't believe we have the facts right now. But
you see, the other thing is we're going to have to give those people
some guidance and as -- by way of example I would say to you that
we would have to say to the Productivity Committee, we want you to
Page 67
September 23, 2008
find out if there is any degradation in efficiency or performance in the
manager's office. If so, why is that the case? What are the
management procedures and principles that could be improved in the
manager's office?
I don't want a behind-the-closed-doors report of what some
possibly disgruntled employee or some former disgruntled employee
has to say about the manager. That, to me, is destructive and not
constructive. Of course they're not going to have anything good to say
about the person who fired them.
And so, I find that to be a fairly worthless exercise. But if we
were to agree to task the Productivity Committee with taking a look at
the management practices and procedures within the office with a few
toward recommending how they might be improved, I would be happy
with that.
If they could come back to us -- if they wish to interview every
employee in the manager's office and come back to us with a verbatim
transcript of what those employees have to say, it would help me get
to the bottom of whether or not people are spreading rumors or
whether they have some really valid comments to make.
So your suggestion's a good one if we give the right kind of
guidance to the Productivity Committee.
COMMISSIONER COLETTA: I think that's what the county
attorney wants to do.
MR. KLATZKOW: You do not want to send this to a sunshine
committee, all right. If you want to have somebody look into this, you
can appoint one person to do interviews and file a report to you, but
you do not want to do this with the sunshine committee. It is not fair
to the employees.
COMMISSIONER HALAS: That's right.
CHAIRMAN HENNING: I mean, why -- you have a human
resources department under the county manager that deals with these
issues all the time. Why would we have a member of the public do it
Page 68
September 23, 2008
instead ofHR?
COMMISSIONER COLETTA: For the very reason that we've
got a split vote going here today. We might put them at ease and they
may feel that they're trying to come up with something that would
reach the majority of the opinion of the commission. That's the only
reason why. We want to make sure what we come up with is an
unbiased but a knowledgeable decision or advice that's given to us, not
one that's going to be the will of three commissioners.
CHAIRMAN HENNING: The vote hasn't been taken. There's
not even a motion on the floor. No discussion--
COMMISSIONER COLETTA: No, but you're -- the vote -- the
first vote was taken and it wasn't --
CHAIRMAN HENNING: It wasn't split. I mean, it being a
five-member board, it wasn't split. I mean, it was pretty obvious that
the majority of the Board of Commissioners want to do something
else.
COMMISSIONER COLETTA: Exactly. That's the point I'm
trying to make.
CHAIRMAN HENNING: Commissioner Halas, then
Commissioner Fiala.
COMMISSIONER HALAS: Whatever is done, the identity of
the employees is to remain that, and that's strictly between the
employee and the person who is doing the interview so that there can
be some protection so that there won't be any repercussions in regards
to what was said.
This -- and I believe -- I want to make sure that we protect the
identity of the employees and that there is no ramifications in regards
to what is said or anything else.
But I'm tired of what's going on. And there's an email that just
came in, and I believe that person, if memory serves me right, left on
her own -- but basically said it's time that we do something to alleviate
this ongoing problem that obviously has been going on even before I
Page 69
September 23, 2008
was here as a Board of County Commissioners, so --
CHAIRMAN HENNING: Okay. Well, we need to get some
direction. Commissioner Fiala?
COMMISSIONER FIALA: Yes. So we go back to human
resources. Commissioner Coletta mentioned something about
favoring anyone of the commissioners. I don't know about anybody
else, but I don't even know anybody in HR, and I don't want to know
anybody in HR.
I would like them to interview our people, as Commissioner
Halas said, confidentially, privately, and not divulge who said what,
but at the same time, going back to everything I wrote initially, have
each one of our people able to talk freely and without fear of reprisal
to discuss what their issues are and then have human resources
evaluate all of those issues and come up with suggestions to the office
manager on how she can improve the atmosphere in the department.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Just one final comment, and
maybe we can reach a compromise on this.
The issue for most of the commissioners seems to be that the
turnover is a serious problem, and that is caused --
COMMISSIONER FIALA: No, I don't think that that's --
COMMISSIONER COYLE: Well, I said the majority of the
commissioners seem to believe that turnover is a problem and it all
stems from the management of the staff.
Why don't we ask HR for a report on the justification and their
opinion concerning the justifications for terminating the employees
that have been terminated.
Now, I know that there's going to be a problem with -- you see,
we're going around in circles here. You see, we've got an email from
a former employee who says, yeah, you ought to take action, and all
of a sudden, yeah, we've got to take action. You know, we can't
divulge the results of human resources because of confidentiality . We
Page 70
September 23, 2008
can't have a public meeting with people because --
MR. MUDD: Commissioner, that's not what I'm trying to get at.
Your HR person you've designated as your appellate authority, okay,
for the person, if they do get fired, that they go there and they get an
appeal hearing. And right now we have an appeal hearing. We have
an appeal on an employee action from your office.
So all I'm trying to give you is heads-up. You might have a
conflict of interest with your HR director. That's all I'm trying to say.
COMMISSIONER COYLE: Well, I don't know if we do or not,
but at some point in time I'd like to get the truth. I'd like to quit
making decisions on the basis of what somebody else said. I'd like to
find out what really is the truth.
MR. MUDD: Commissioner, we can get those employee -- we
can get those employee files to the Board of Commissioners at their
request at any time.
COMMISSIONER COYLE: Then why don't you give us the
employee files for all of the people who have been terminated from
this office for the past -- how many years? How far do you want to go
back?
COMMISSIONER COLETTA: Ten years.
COMMISSIONER COYLE: Well, let's -- how long has the
current contract been into place?
CHAIRMAN HENNING: 2006, the only contract.
COMMISSIONER COYLE: Well, I guess I don't care really
how far it goes back. But, yeah, I would like to see the files, the HR
files, of all the termination procedures that have taken place because,
quite frankly, that is the crux of the matter. We wouldn't have
turnover if those people hadn't either left or been terminated, and the
ones that have been terminated, I don't know all of the cases, but I
know most of them, and I can tell you I would have terminated them
long before Ms. Filson did.
CHAIRMAN HENNING: Commissioner Coletta, if we can get
Page 71
September 23, 2008
some direction here. I mean, this is -- this is -- you know, doing the
public's business or grinding sausage sure ain't pretty, so we need to
come to a --
COMMISSIONER COLETTA: I agree with you, Commissioner
Henning. You know, it's something that has to be done. When you
have five people to reach a decision in the public view, you're always
going to have these problems.
Here's one of my concerns about HR. Ifwe directly involve
them in the process, they have previously made a decision and you're
asking them to justify decisions they've already made. So that's one of
the concerns I got. I want whatever I get to be a truthful, unbiased
report.
CHAIRMAN HENNING: Okay. Commissioner Halas?
COMMISSIONER HALAS: My question is, not only the ones
that are terminated, but the ones that quit. Do we do exit interviews
with people that leave the county?
MR. MUDD: Yes, sir, if they agree to it. We provide them the
opportunity. If they don't want to do it --
COMMISSIONER HALAS: Well, I think that needs to also be
weighed in and not just the people that are terminated. The people
that left because of some duress or whatever else. That needs to be
brought up also.
So if there are exit interviews, they can cross out the names of the
people and just tell us basically what transpired or -- if they were so
inclined to give exit interviews -- and why they left.
COMMISSIONER COYLE: Why do we have to cross out their
names? If they voluntarily gave an exit interview, they're not trying to
conceal their identity.
COMMISSIONER HALAS: I think that it's only fair.
CHAIRMAN HENNING: Mr. Klatzkow?
MR. KLATZKOW: Commissioners, if I may. All these records
are freely available to you. You simply have to ask the county
Page 72
September 23, 2008
manager or my office to provide them to you. And if you should be
dissatisfied with what you hear, at another meeting you can bring it
up.
But for us to prepare a report becomes a public record. The next
day it's in the Naples Daily News, which I think is unfair to these
employees.
COMMISSIONER HALAS: Exactly right.
MR. KLATZKOW: You can get everything you want just by
asking Mr. Mudd or myself.
COMMISSIONER COYLE: Then I make a motion that we ask
for the records of all the people who have left voluntarily and those
who have been terminated for the past five years, seven years, 10
years? What would you prefer?
COMMISSIONER COLETTA: Ten years. I'll tell you what. I
want to see if there's a pattern, if there's anything that's consistent from
one end to the other. Ifwe're going to do an evaluation, I'd like to
have some span of time to be able to work with.
COMMISSIONER COYLE: Well, there would be some logic
limiting specifically to the terms that we have been on this board"
because, quite frankly, commissioners are part of the problem. Weare
part of the problem. And the other commissioners might have
operated differently. It might have been worse then. But I think it
would be good to maybe start it at the time when -- maybe 2000.
COMMISSIONER COLETTA: November of2000?
COMMISSIONER COYLE: Yeah.
CHAIRMAN HENNING: So I guess, try to get this issue to
some kind of resolution, you're asking to continue this item?
COMMISSIONER COYLE: I'm -- Mr. Chairman, I'm not asking
this item be continued. This item has been concluded, as far as I'm
concerned. The motion failed and the evaluations are what the
evaluations are. I think what we --
CHAIRMAN HENNING: No. The motion was to terminate.
Page 73
September 23, 2008
COMMISSIONER COYLE: And it failed.
CHAIRMAN HENNING: And it failed.
COMMISSIONER COYLE: That's right.
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: And that's the end of it.
COMMISSIONER COLETTA: No, it's not.
CHAIRMAN HENNING: And my question was, is -- do you
want to continue this item to the next meeting?
COMMISSIONER COYLE: I understand what you're saying,
yes.
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: The motion is to request the files of
all people who have been terminated and/or who have left voluntarily
from this office since November of 2000 -- the year 2000, and then I
believe that it would be appropriate to do what you suggest, which is
continue this discussion until after we have reviewed the files.
CHAIRMAN HENNING: Okay. Is that in the form ofa
motion?
COMMISSIONER COYLE: Yes, it is.
CHAIRMAN HENNING: Is there a second to the motion?
COMMISSIONER COLETTA: I'll second it but for the lack of
any other direction at the moment.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Is this motion such that this is
going to be public knowledge for everyone in the press?
MR. KLATZKOW: Sir, these records are already public records.
What I'm asking for is not to create a report, so that if you want to ask
for something that the press can already get, you're not creating
anything.
COMMISSIONER HALAS: Okay. Because I feel that present
and past employees should, in some way or another, have some
protection.
Page 74
September 23, 2008
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Okay. Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Motion carries, 4-1.
And, you know, Sue, if you want to talk to me, you can talk to
me. You don't have to talk to other commissioners about what I say or
what I do.
MS. FILSON: It's public record, sir. It was on the agenda.
CHAIRMAN HENNING: And, again, I mean, I'm not sure if
you talked to all the commissioners about each and everybody's
evaluation, but my door's open. If you want to talk to me about my
evaluation, you're more than welcome to talk to me, and this is
somewhat libel, my opinion.
We have a time certain --
MS. FILSON: And that's only part of it.
CHAIRMAN HENNING: And -- I mean, that's the attitude that I
think is going to continue with your employment in the board's office.
MS. FILSON: Thank you.
CHAIRMAN HENNING: Can we go to the time certain at
11 :30.
Commissioner Coyle, do you have a problem with that?
COMMISSIONER COYLE: No, I don't have a problem at all,
Mr. Chair.
Page 75
September 23, 2008
Item #9B
DISCUSSION REGARDING MEDICAL DIRECTOR AND EMS -
MOTION FOR THE COLLIER COUNTY MEDICAL
DIRECTOR'S CONTRACT BE REVISED SO THAT HE
REPORTS DIRECTLY TO THE BCC - APPROVED
MR. MUDD: Okay. That would be item 9B. It's a discussion
regarding the medical director and the emergency medical services.
COMMISSIONER FIALA: But I'd like to just jump in for a
second. I just wanted to say, on another subject, 9A, I wanted to -- I
appreciate Commissioner Coyle jumping in on my behalf.
I was talking to a staff member about another item and I didn't
get to motion for a person from District 1 to be on the Planning
Commission, so sorry about that, Karen. That's all I wanted to say.
Thank you.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yes, Mr. Chairman. The reason I
brought this up really involves a number of different situations, but I
guess the catalyst was a city council meeting that occurred just this
past week where the Naples City Council was discussing the failure of
their advanced life support medics to pass an appropriate certification
examination.
One of the allegations at that meeting -- and I'm not -- throughout
this discussion I am not going to place blame at anybody's feet. I
think there's probably plenty to be shared by everyone involved.
But there was -- there was an allegation made there that a letter
had been received from Collier County EMS that they didn't really
need to take the training. They should just cram for the exam and take
the examination, which they did, and I think that almost all of them
failed the examination.
There are other cases where firemen have taken courses and -- in
Page 76
September 23, 2008
preparation for their certification, or recertification, and now there is
concern that they will not be able to do that and they will have wasted
all of that time.
There are allegations that the -- some of the fire districts are not
adhering to the training protocols, some of them are not certified. The
fire department/districts that I've talked with feel that they're not
getting necessary access to the medical director and that they would
like to have better access to the medical director.
There seems to be an ongoing --
CHAIRMAN HENNING: Commissioner Coyle?
Sue, did you want to take a break?
MS. FILSON: No, sir.
COMMISSIONER COYLE: Am I going to get to finish?
CHAIRMAN HENNING: I hope so.
COMMISSIONER COYLE: Okay. There are -- is an ongoing
memo battle between EMS and the fire districts, each of them
claiming that the other is being unreasonable or has some nefarious
intention. And it just occurs to me that the health, safety, and welfare
of the public is not being served under these circumstances.
And I -- I don't know of any other way to solve this problem
other than to elevate the office of medical director to a direct reporting
position to the Board of County Commissioners.
CHAIRMAN HENNING: Is that a motion?
COMMISSIONER COYLE: It -- well, let me just say why I
think it is, if you don't mind.
The protocol developed by Dr. Tober is recognized by most
people as probably the best in the nation. He's done a wonderful job
of developing training protocol and he does an excellent job of
training people. And even though some of the people in the fire
department have disagreements, they all agree that the protocol itself
is a good protocol and it results in excellent care for the members of
Collier County.
Page 77
September 23,2008
So basically what I would envision is having the contract for Dr.
Tober revised so that he reports to the Board of County
Commissioners. That will give him excellent visibility and direct
access for all of the fire departments or fire districts and will simplify
problems of miscommunication, because we're the ones who develop
policy.
If our EMS department sends a letter to the City of Naples, it
causes confusion. We're the ones who ultimately have to answer for
it, and I think that it is best if we make the policy, communicate the
policy to all involved, and talk -- get the fire districts involved in the
process of fine-tuning those policies to make sure that they result in
the best possible care for the Collier County residents, and I think that
it's important enough to merit our direct attention and oversight.
So with that, I would make a motion that the contract with Dr.
Tober be revised to provide for the direct reporting relationship to the
Board of County Commissioners.
COMMISSIONER FIALA: I'll second the motion.
CHAIRMAN HENNING: There's a motion on the floor to
change the contract for the medical director to report directly to the
. board and second by Commissioner Fiala, and I'm going to support the
motion.
So I'm going to go to Commissioner Halas and then
Commissioner Coletta.
COMMISSIONER HALAS: Yeah. Commissioner Coyle, just
so that you have some idea what we're trying to do, I had a meeting
with the fire chief, Mike Brown of North Naples, after my District 2
meeting this past Wednesday, last Wednesday, and at that time I sat
down with Assistant County Manager Leo Ochs and have asked that
we get North Naples involved as a starter, and Dr. Tober and possibly
Jeff Page so that everybody can sit down and get an understanding of
what the rules are.
It's like two football teams on the field and they want to make
Page 78
September 23, 2008
sure that the referee, who would be Dr. Tober, who would also be at
this meeting, relates to both teams exactly what the rules and
regulations are and hopefully we can address the issues that you've
brought forth. So I'm hoping that we can sit down at the table with
cool heads and make sure that all understand what the rules and
regulations are and make sure that there's not a moving target, that
once people meet the requirements, that all of a sudden there isn't a
change in the rules and that we have a full understanding, both sides,
whether it's the fire, whether it's EMS, and I felt that that might be one
direction that we may take.
CHAIRMAN HENNING: Nope. I got to go to Commissioner
Coletta, but you have support for your motion.
COMMISSIONER COYLE: Okay.
COMMISSIONER COLETTA: Yeah. My only concern is not
that I don't support the motion, is the fact that we didn't advertise it.
Are we all right running a motion like this through at this time without
due advertising?
MR. KLATZKOW: I don't think this matter needed to be
advertised, sir. This is fine.
COMMISSIONER COLETTA: Okay. Thank you. That
answers what I needed to know.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I just want to understand our
position from the past. From what I remember all of us deciding was
that we were going to encourage the fire departments to consolidate
and then to include EMS in that -- EMS in that consolidation so that
we have one final well-run organization of emergency medical
personnel; is that right?
CHAIRMAN HENNING: Commissioner?
COMMISSIONER COYLE: Can I answer? That's what our
decision was. That's what our direction was.
COMMISSIONER FIALA: Right.
Page 79
September 23, 2008
COMMISSIONER COYLE: I would not like to confuse this
particular move with that particular --
COMMISSIONER FIALA: I understand that.
COMMISSIONER COYLE: Okay.
COMMISSIONER FIALA: I just wanted to make sure to get
that on the record, because as I'm voting for this I want to know, if
they're going to answer to me, what my obligations are and what we're
moving forward to accomplish in the end. So I just put that on the
record. Thank you.
COMMISSIONER COYLE: What I'm recommending, in my
opinion, would be beneficial whether there is a consolidation or not.
COMMISSIONER FIALA: Right.
COMMISSIONER COYLE: And the issue really is this, is that
the training protocol should be considered policy and, unfortunately, it
cannot be cast in concrete. It has to change as new medical
procedures are proven. Dr. Tober has revised this medical procedure
over a period of almost 30 years that he's been the medical director,
and he continues to enhance it, and new drugs come available that can
be used, and people need to be trained in the use of them, so it is a
dynamic kind of thing.
And there is unfortunately -- and I think the blame is on both
sides here. Unfortunately there is so much distrust between Collier
County EMS and the fire districts that it's hard for them to
communicate on anything without getting into an argument about it.
So that's why I think we need to elevate this issue and at least
address the EMS functions. Dr. Tober has some serious concerns
about how is it that he maintain concurrency of training for all the
people in the fire districts for advanced life support.
The Productivity Committee believes that advanced life support
engines can replace some of our EMS ambulances and staff. I'm not
convinced that's true. And we are largely unaware of all of this uproar
until such time as it breaks out in the public and gets people angry.
Page 80
September 23, 2008
And what I would like to do is elevate the office and that way we
are involved in what is one of the most important policies that we have
in Collier County.
CHAIRMAN HENNING: Okay. We have nine speakers on this
topic, and I welcome you to share your feelings, but I would say that
Commissioner Coyle's motion has enough votes. So I would ask you,
if you want to talk us out of it, please come forward. And Sue Filson's
going to talk (sic) your name -- or call your name and -- but you're
more than welcome to, no matter what it is, share your opinion.
MS. FILSON: Laura Donaldson.
MS. DONALDSON: Waive.
MS. FILSON: Mike Brown.
MR. BROWN: I waive in support.
MS. FILSON: Jorge Agralel (sic) -- well, I'm sure I got that
wrong.
COMMISSIONER COYLE: Aguilera.
MR. AGUILERA: I waive in support.
MS. FILSON: Douglas Dyer.
MR. DYER: I waive in support.
MS. FILSON: James Cunningham. He'll be followed by
Edward Morton.
MR. CUNNINGHAM: Good morning, Commissioners. James
Cunningham, President of North Naples Professional Firefighters.
I stand here to support the concept of exactly what you're talking
about. Many of the commissioners I've met, related to this topic, but
that there's still many other concerns. I think this is only one piece of
the very big puzzle that needs to address (sic).
And my concern related exactly to this motion of the operation of
the Office of the Medical Director. When we support this motion,
understanding that there's no structure being formed around it to create
a department or a true office that would have the training, support,
validation process, compliance issues, training, and all the other
Page 81
September 23, 2008
problems that we're having are not going to be solved by just fixing
this one piece.
I believe it's important that we move this way, but my concern is
that without putting the structure around it, the medical director's still
going to be reliant upon the failed system that is existence (sic) today
of what it keeps arguing back over and putting what we consider the
public at risk, is what we keep hearing, that it's going to rely on that
system until we create a true Office of the Medical Director that has
the people and the resources to be able to meet all of those issues.
So my concerns by moving forward with the concept of the
Office Medical the of Director, like you're doing today, and if it
doesn't work to the tune of what you're hoping for it to do, that we
don't get frustrated and just say the Office of the Medical Director
doesn't work; because it does work in many operations, especially
large operations throughout the country, and that we need to make
sure that we recognize that there's many other pieces that need to be fit
in to make this whole process work altogether.
So I'd ask that you consider that as you're moving forward. It
may be an option to delay or postpone this type of motion so that we
can put the -- put (sic) the cooler heads prevail as Commissioner Halas
has stated, allow them to put some of that network together, and have
that clearly outlined and defined so everyone understands where those
pieces fall before moving forward with the full concept.
Thank you.
CHAIRMAN HENNING: Thank you.
MS. FILSON: Edward Morton.
MR. MORTON: Hi. I waive in support.
MS. FILSON: Erika Hinson.
MS. HINSON: Ditto.
MS. FILSON: Thomas Cannon.
MR. CANNON: Same.
MS. FILSON: And Janet Vasey.
Page 82
September 23, 2008
MS . VASEY: I support.
CHAIRMAN HENNING: Okay.
MS. FILSON: That was your final speaker, sir.
CHAIRMAN HENNING: Any further discussion on the
motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
You want to do 101, or 10A?
MR. MUDD: Yes, sir.
Item #10A
THE ANNUAL PERFORMANCE APPRAISAL FOR THE
COUNTY MANAGER - APPROVED
MR. MUDD: 10A is the annual performance appraisal of the
county manager. The recommendation that I have is that the Board of
County Commissioners complete the annual performance appraisal
process for the county manager, and once you're done with it, you're
done with it, then we move on to the goals for next year.
CHAIRMAN HENNING: Okay. Entertain a motion to approve
the annual performance appraisal of the county manager --
COMMISSIONER COLETTA: So moved.
Page 83
September 23,2008
COMMISSIONER HALAS: So moved.
CHAIRMAN HENNING: -- for 2008 -- for 2007/2008. Motion
by Commissioner Coletta, second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries.
Item #10B
REVIEW OF THE FY 2009 ANNUAL WORK PLAN FOR THE
COUNTY MANAGER - DISCUSSED AND APPROVED
W/CHANGES
MR. MUDD: Commissioner, that brings us to the next item,
which is, what do you want me to do for next year, and that's the
annual work plan for the county manager, and that's item 10B.
I will tell you that in this particular regard, I've received
comments from at least one commissioner that that item on page 5 of
15 on the agenda, but at the bottom of the page it's 3 of 13, that Gl,
the second EAR-GMP amendment is pretty much complete.
The only item that you do -- and I have to agree with the
commissioner in that regard. The only outstanding item that's there
out of that EAR report is the section 24 issue that we have, and there is
a lawsuit that has been filed.
Am I correct, Mr. Klatzkow, on this particular regard?
MR. KLATZKOW: Yeah, I believe so.
Page 84
September 23, 2008
MR. MUDD: So if it's the board's desire that item Gl be stricken
CHAIRMAN HENNING: Is there anybody opposed to having
G 1 -- actually amended. We still have LDC amendments based upon
the EAR-based amendments that's going -- we're going to be doing
next fiscal year. So just --
MR. MUDD: Yes, sir. I think G2 gets at it though --
CHAIRMAN HENNING: Okay.
MR. MUDD: -- that I supervise the revisions and reorganization.
And if there's a big GMP issue that comes about, we could -- we
could modify it again at an additional time.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: This is for the county attorney. In
regards to G 1, in regards to section 24, that would be a joint lawsuit
possibly with DCA; is that correct? Since they're the ones that--
MR. KLATZKOW: I will be coming to you at the next board
meeting on that, and I will be having a shade notice at the end of this.
COMMISSIONER HALAS: Okay. So I should keep quiet?
MR. KLATZKOW: Yes, sir, please.
COMMISSIONER HALAS: Okay. Sorry.
CHAIRMAN HENNING: Is there any opposition to remove Gl
from the appraisal for next year?
(No response.)
CHAIRMAN HENNING: No. So yes.
MR. MUDD: Commissioner, the next item is the next page over,
and I added an item that you haven't normally seen, but it's one in
which we spend a lot of time, and that's that the county manager will
prepare for adoption the financially feasible Annual Update and
Inventory Report, AUIR, and amendment to the capital improvement
element of the GMP with the CIE found in compliance with the
Florida Department of Community Affairs.
And it's one that we spent a lot of time on in order to do it, and I
Page 85
September 23, 2008
just reviewed the staffs report on Friday this last week with comment,
and then they're going to start the process with the Productivity
Committee, the Planning Commission, and then it will come to you at
the November time period. And the -- I'm sorry.
And the EDC is going to come this week. They asked me almost
a year ago -- they asked the board. The board said, please get them
involved. They came forward and asked to be briefed on it. We have
a briefing set up for the EDC. And I -- and then -- and the Chamber of
Commerce president at the time. So -- and that will happen.
So there's a lot of involvement in the process. So I've added it as
something that you need to grade me on or staff on in that particular
regard unless you don't want to do it and we can take it off.
CHAIRMAN HENNING: Pleasure?
COMMISSIONER FIALA: I think that's fine.
CHAIRMAN HENNING: Take it off?
COMMISSIONER FIALA: No, leave it on.
CHAIRMAN HENNING: Leave it on. Leave it on.
MR. MUDD: Okay. Commissioners, the other issue on this
page -- it's on the next page,S of 13, which is paragraph -- page 7 of
15 of the top, 5 of 13 at the bottom, F3. I've modified it a little bit
because the original one that I had from last year pretty much
mandated what the board was going to decide.
And I don't believe that's what the board wants me to do. They
want me to prepare options for the board. So put down that the county
manager will present a budget for FY -10 that will be in keeping with
the state-mandated property tax reforms, whatever they may be, and a
millage neutral position will also be prepared for the board's direction
based on that -- so this way you have a plethora of options to take and
you've got from soup to nuts. So that's the way I modified it if that's
okay with you.
COMMISSIONER FIALA: Yeah, I like that.
CHAIRMAN HENNING: That's good.
Page 86
September 23,2008
Commissioner Halas?
COMMISSIONER HALAS: Yep.
MR. MUDD: Brings us to goals for fiscal year 2009. I've kept
the first nine or so pretty much the same, but I have changed them if
something's been accomplished and put something that hasn't been
accomplished in the particular regard. I've added a lot to paragraph --
or excuse me -- number 7 on page 8 of 13, on the top of the page 10 of
15 under growth management where we get into the SRAs, the SSAs,
the TDR program. We're going to see that being used more and more,
and I'm also seeing that there is some conflict sometimes with what
somebody designates as an SSA and they strip it of particular
development rights, and then all of a sudden later they want to come
back on it and do something else with it. So it's something that's going
to take more of my attention in that particular regard.
I've updated the road projects of interest that are there.
Commissioner Coletta did mention in his evaluation that he would be
interested as far as any actions on Golden Gate Boulevard moving out
to the eastern portions of the county, and if that's okay with the board,
I can add that particular issue that Commissioner Coletta has.
CHAIRMAN HENNING: When is that going to come forward
to us for construction?
MR. MUDD: We're still assembling the real estate. You have a
condemnation action on the agenda today. I -- when that comes up
and Norman gets to the podium, I'd have Norman give you his best
guess.
CHAIRMAN HENNING: Well, that's fine. But is it going to be
this year? I'd hate to put it on there and then no action.
MR. MUDD: Well, I believe -- I believe there is going to be
some action on Golden Gate Boulevard as far as moving out to the
east is concerned as far as construction is concerned.
Mr. Feder, if you could help me in that regard, when you think it
will come forward to the board.
Page 87
September 23, 2008
CHAIRMAN HENNING: Construction contract you're talking
about, right?
MR. MUDD: Yes, sir.
MR. FEDER: Golden Gate Boulevard construction is further out
in our work program. Weare moving on right-of-way acquisition at
this time. And as you'll see in the AUIR, it's in our five years to try to
go to construction depending upon, obviously, our revenue stream as
we update annually.
CHAIRMAN HENNING: So if it's not going to be under
contract this year, I don't want to put it on there.
MR. FEDER: I would concur with that, but--
COMMISSIONER COLETTA: If I may?
CHAIRMAN HENNING: Yes.
COMMISSIONER COLETTA: Yeah. I want to keep this in
front of the Collier County Commission because this is -- this is a very
important element for the stability of that part of Golden Gate Estates,
and I don't want it to fall below the radar. This is one of the reasons
why I put it on there, and I just want to keep reminding this
commission that it's a very, very big need out in that area of the
county.
CHAIRMAN HENNING: I agree, and you could bring it up
every meeting that we have now until we get a contract if you want.
COMMISSIONER COLETTA: Well, thank you. I'll do that.
CHAIRMAN HENNING: Yeah. But I don't think it's
appropriate to put it here.
COMMISSIONER COYLE: What page are we on? Are we
talking about limerock roads?
CHAIRMAN HENNING: Yeah. That's the next thing we need
to talk about.
COMMISSIONER FIALA: Nine of 13, page 9.
MR. MUDD: No, sir. We're on 9 of 13, item 9A--
CHAIRMAN HENNING: BI0.
Page 88
September 23, 2008
MR. MUDD: -- and at the top of the page it's 11 of 15.
CHAIRMAN HENNING: Ten Baker.
COMMISSIONER COYLE: Oh, it's a proposed addition?
MR. MUDD: Yes, sir. Commissioner Coletta, during my
evaluation mentioned that he would like to have something on Golden
Gate Boulevard as far as the improvements and as far as staff action is
concerned.
COMMISSIONER COYLE: Can I add some things about Davis
Boulevard and --
COMMISSIONER COLETTA: Sure. Why not?
COMMISSIONER COYLE: No. I don't think that's the place
for it, I really don't.
COMMISSIONER COLETTA: It's worked so far. I got it in
front of you today, didn't I?
COMMISSIONER COYLE: Yes, you did. And I'm sure you'll
do it every other meeting we have.
COMMISSIONER COLETTA: Every other meeting? I was
looking at every meeting. Commissioner Henning just gave me
permission to do it every meeting.
CHAIRMAN HENNING: Well--
COMMISSIONER COLETTA: Thank you.
COMMISSIONER COYLE: I'll agree with that.
MR. MUDD: Commissioner, I've got the board's direction on
that particular item.
I will mention to you that one of the -- one of the new items that
we've put on is number I, and that's better utilization of county
resources. We've got some initiatives going on in the county with
staff, some are with IT, to basically improve our processes.
I've itemized those that we've got on the -- on the drawing board,
and I'd like to be able to report back to the board how well we're
progressing on those in this next FY because it means -- it means
something to us.
Page 89
September 23, 2008
I mean, we're losing staff. We've got to do things, and we're
trying to maintain excellent service to your constituents, the taxpayers
of this county, the visitors to this county, and this is important to us
because we've got to be able to do it better with less people, with less
resources and report those initiatives.
And I don't want to not listen to the Board of County
Commissioners. I'm going to say to you J has been added. Two years
ago you told me to take it off, okay, and it has to do with tourism.
This is not -- this is not necessarily for me to tell you how well
tourism is doing and be graded on how well tourism is doing. You
declared it an economic emergency and put over a million dollars in
additional advertising.
I just want to make sure that you don't lose visibility on how well
those dollars are being invested and what it's producing for us as
compared with other communities, and that's why -- and that's why I
added -- but if the board doesn't want it there --
CHAIRMAN HENNING: No, I think it's right on target.
Commissioner Coyle, then this young lady to my left.
COMMISSIONER COYLE: I think you're talking about a return
of on average of 20 percent, aren't you, rather than $20?
MR. MUDD: No, sir, $20. Twenty dollars for every dollar.
COMMISSIONER COYLE: For every dollar?
MR. MUDD: For every dollar.
COMMISSIONER COYLE: For every dollar. Okay.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. And I just think that that's a
good thing to add because they are really leaping ahead. With the
little investment we've made, the great dollars that they've brought
back to our community, I think that's important to include in here.
COMMISSIONER COYLE: I would like you to clarify. That
doesn't say for every dollar invested.
MR. MUDD: I'll get it clarified, sir.
Page 90
September 23, 2008
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: Okay. Seeing no further discussion,
entertain a motion to approve county manager's work plan for 2009 as
amended.
COMMISSIONER HALAS: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Halas,
second by Commissioner Fiala.
Any speakers?
MS. FILSON: No, sir.
CHAIRMAN HENNING: Any discussion on the motion?
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
You guys want to take an early lunch? Commissioner Halas does.
Yeah, I do.
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: Be back at one.
COMMISSIONER FIALA: You're the boss.
COMMISSIONER COYLE: I'd much rather take a late one.
CHAIRMAN HENNING: A late one. You want to stay -- work
through lunch?
COMMISSIONER COYLE: No, no. I just don't want to come
back till about three.
(A luncheon recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
Page 91
September 23, 2008
seats.
Mr. Chairman, Commissioners, you have a hot mike.
CHAIRMAN HENNING: Thank you. We have a time certain,
County Manager?
Item #7B
RESOLUTION 2008-290: MINING VENTURE, LLC,
REPRESENTED BY R. BRUCE ANDERSON OF ROETZEL &
ANDRESS, A CONDITIONAL USE RE-REVIEW (CUR) OF THE
PROPERTY COMMONLY REFERRED TO AS JONES MINE.
THE CONDITIONAL USE (CU-2004-AR-6904) WAS APPROVED
ON SEPTEMBER 25, 2007 AND IN ACCORDANCE WITH
CONDITION NO.3, THE CONDITIONAL USE APPROVAL
SHALL BE REVIEWED BY STAFF AND BROUGHT BACK TO
THE BZA ON THE FIRST ANNIVERSARY OF APPROVAL. THE
SUBJECT PROPERTY, CONSISTING OF 2,576 ACRES, IS
LOCATED AT 16000 IMMOKALEE ROAD (CR-846),
APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD (CR-
858) IN SECTIONS 35 & 36, TOWNSHIP 47 SOUTH, RANGE 27
EAST; AND ALL OF SECTIONS 1 & 2, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, LESS ROAD RIGHT-OF -WAY FOR COUNTY
ROAD 846, COLLIER COUNTY, FLORIDA - ADOPTED WITH
STIPULATIONS AND CHANGES
MR. MUDD: Yes, sir. That is 7B, which used to be 17B, and it
reads: Mine Venture, LLC, represented by R. Bruce Anderson of
Roetzel & Andress requesting a conditional use re-review of the
property commonly referred to as Jones Mine.
The conditional use, CU-2004-AR-6904, was approved on
September 25, 2007. In accordance with condition number three, the
conditional use approval shall be reviewed by staff and brought back
Page 92
September 23, 2008
to the BZA on the first anniversary of approval. And I've read all the
other things. The subject property consists of2,576 acres.
And I believe Mr. Bruce Anderson is here.
CHAIRMAN HENNING: Yeah. This is a land use item so we
have to swear everybody in that's going to participate.
If you have not signed up and.you want to speak, now's the time
to sign up because after we get going, we're not going to take any
other speaker slips. So anybody wishing to testify, please rise, raise
your right hand, and the court reporter will kindly swear you in.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN HENNING: Thank you.
Commissioner Halas, you have some ex parte communication on
this item?
COMMISSIONER HALAS: Yes, I do, Chairman.
This has been an ongoing issue, and as you can see, the
portfolio's pretty large. That's everything here. I had meetings,
correspondence, emails, phone calls. Met with Bruce Anderson,
Bruce Tyson, Damon Jones, had telephone conference with Bruce
Anderson and Dr. Charles Dowding, 4/18/08, met with Mr. Dowding
at the site, was there when they ran a couple of explosion tests, also
visited the Mines Jones (sic) site with Bruce Tyson on 12/13/07 and
had other conversations with the people in regards to this Jones
Mining thing. And just recently I've received emails, the last two days,
I guess it was, in regards to this issue. So I think that's all of my ex
parte.
CHAIRMAN HENNING: Thank you. I received some email
correspondence on this, and I received two phone calls.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I've received email
correspondence, I've also met with the petitioner, I went out to the site
itself, I viewed a blast, is that what you call it, or -- you know,
whatever, and talked with some of the owners or investors right there,
Page 93
September 23, 2008
and I've talked with staff.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I -- numerous
meetings. I'm going way back in ancient history. I feel like this has
consumed probably about 15 percent of my wake time for the last five
years.
CHAIRMAN HENNING: Commissioner Coletta? You know, I
think we need to clarify if -- what kind of ex parte communication we
need to give under this one because, you know, we've had --
COMMISSIONER COLETTA: I agree, I agree.
CHAIRMAN HENNING: -- like you said --
COMMISSIONER COLETTA: This goes back way back.
CHAIRMAN HENNING: Do we have to do it--
MR. KLATZKOW: No, you've already given that in prior
hearings. It's just the ex parte you've had with this particular hearing
today.
COMMISSIONER COLETTA: Okay. But in any case, here's
my folder. Recently I've had meetings, correspondence, emails, and
phone calls. That basically covers it.
CHAIRMAN HENNING: Okay. Yeah, Commissioner, you've
asked this to be pulled off the summary agenda.
COMMISSIONER COLETTA: That's correct, I did.
CHAIRMAN HENNING: Did you want to address your
concerns now?
COMMISSIONER COLETTA: Well, to be honest with you, I
just wanted to be able to have the public's concerns heard.
CHAIRMAN HENNING: And addressed.
COMMISSIONER COLETTA: And addressed, and that's about
the sum total of it.
CHAIRMAN HENNING: Okay. Is it -- would it be
inappropriate to go to the speakers now and try to address their
concerns?
Page 94
September 23, 2008
MR. KLATZKOW: This is fine..
CHAIRMAN HENNING: Okay. Well, Sue, would you call up
the public speakers, please?
MS. FILSON: Yes, sir. I have seven. Kathleen Raimondi. She'll
be followed by guy Raimondi.
CHAIRMAN HENNING: Good morning, or good afternoon.
MS. RAIMONDI: Good afternoon.
CHAIRMAN HENNING: Your name for the record?
MS. RAIMONDI: I'm Kathleen Raimondi, and I'm -- the Jones
Mining expansion is located close to my residence. And I think that
this is a matter that should be given a lot of serious thought before
you're giving it the final approval.
There's a minimum of about 500 homes that are surrounded by
the Jones Mine, and there have been many, many people who have
complained they've had damage to their homes from the blasting.
My first experience was standing in my home with my husband,
and we heard a bomb go off. And we -- our first reaction was, oh my
gosh, what was that? The windows and the sliding doors on the lanai
literally almost came off their rungs.
I realize that this is a commercial venture for Jones Mining, a
business endeavor, and I realize that Collier County needs to have
their roads paved and needs rock, but I think the residents of Collier
County deserve a little more respect than this going before consent
approval without giving the people enough notice so that they can
come and discuss how they feel this temporary permit that was given
to them has functioned.
Not enough people have been able to find out about this meeting.
It's very short notice. The six-month re-review was to be in October,
not in September.
The blasting is something that is causing undue settlement to
homes, cracking, and damage.
So I'd like to say that I'm a person that likes to be proactive in my
Page 95
September 23, 2008
community. I'm usually very willing to be a volunteer and help in
positive roles. I feel because my interest is more geared towards the
residents in the area, it's met with resistance, maybe negativity.
But I'm usually a person -- I like to help other people out. I
stepped up to the plate and tried to help out with the Engineering
Selection Committee, and there were a lot of inconsistencies that were
reported that were a little different than really what went on.
We did end up picking an engineer. It was not a smooth process.
There has to be a committee to still select how the funds that they're
donating are going to be used, and so I would like to -- the
commissioners, I still would -- still like you not to approve it or to
have a review every six months. I believe they're asking for two
years, and I think that's too long. Thank you.
CHAIRMAN HENNING: Thank you.
MS. FILSON: The next speaker is Guy Raimondi. He'll be
followed by Maggie Kemp.
MR. RAIMONDI: I'm sorry. I didn't know I was going to be
able to speak.
So what I'd like to say is reiterate what my wife said, but also the
six-month review would be very important for the residents so that if
there is any problem, they will have some say-so.
And, you know, because that two-year (sic) would leave so much
time left, that the review is way too much time for two years, okay. A
six-month would be much more appropriate in this case because if
people do have problems they wouldn't have any agenda or they
wouldn't have any way of talking to the commissioners and having
this reviewed again.
So I'd appreciate it if you would at least consider the six-month
review. Thank you.
MR. MUDD: Sir, before you leave, just state your name for the
record.
MR. RAIMONDI: My name is Guy Raimondi.
Page 96
September 23, 2008
MR. MUDD: Thank you, sir.
MS. FILSON: Maggie Kemp. She'll be followed by Richard
Babb.
MS. KEMP: Hi. My name is Maggie Kemp. I live at 2179 47th
Avenue Northeast, which is down near 22nd Street which is where the
majority of the activity has been taking place.
I still have no problems with my house. I put up my hurricane
shutters for Tropical Storm Fay, and I got the opportunity to really
look at things closely. I do not see any damage on my house.
I continue to not have a problem with how Jones Mine is
conducting their business. I think they're probably being held to a
standard that no other business in Collier County is being held to.
I have been asked by Damon Jones to participate on the
committee to help allocate the funds that they're donating to give the
foundation they've set up for the neighborhood, and I'm pleased to do
that. Thank you.
CHAIRMAN HENNING: Thank you.
MS. FILSON: Richard Babb. He'll be followed by Truman Gay.
MR. BABB: For the record, my name is Richard L. Babb and I
live at 4225 18th Street Northeast.
And we -- this goes back, they waived this -- whoop -- this goes
back a long ways. But I'll just pick up just one point.
I was here when they first asked to -- permission of the
commissioners to do the mining operation out there, and one thing
sticks in my head that their attorney stated that, oh, well, when we get
all of our trucks in full operation on the road, it will still only comprise
7 percent of the traffic on the road. If a few of you have a long
memory of two or three years or so, that 7 percent was just a dite low.
Going from there -- because we started having problems,
structural problems, cracks in our drives and in the houses, interior
and exterior, in '06. In the spring of'07, after having contact back and
forth and also through Mr. Coletta's office with the mining people,
Page 97
September 23, 2008
they sent out -- two different times they sent out a seismograph team,
we'll call it, and this was a pre-set where they would do -- let off -- set
off an explosion underground claiming that it was exactly the same as
what we had complained about when it shook our house.
Of course, set up with a seismograph it did not shake the house,
and this happened two different times.
Subsequent to that, in the spring of -- I'm sorry, just on the
Geosonics, their conclusion was that, no doubt the cracks were caused
by something other than the blasting over there.
Now, this was based on their follow-up -- whoops -- this was
based on their follow-up of Damon Jones having come out and
observed the cracks and taking pictures; another lady, a technician of
some sort came out and observed the cracks and took pictures; and
Geosonics came out, observed the cracks and took pictures.
They didn't do any sonic testings to see if there was any
structural damage under the cosmetic cracks. This was what I had
asked for. They did not do that.
They also did not check as far as a strata's concerned, whether
there's any kind of a leg of stratum under my house that could cause
this, and this is, of course, very important because you can have
someone, a neighbor not get it if he's not on a particular piece of
stratum.
And I know something about the strata of this part of Florida, and
I've had three of those good old college courses in geology, got A's in
it, so I understand a little bit. And so this is just -- to say that this
probably wasn't caused by the blasting is unlikely.
All right. Let me just -- let me just--
CHAIRMAN HENNING: Could you finish up, please.
MR. BABB : Yep, I will finish up.
CHAIRMAN HENNING: Thank you.
MR. BABB: Last spring Damon Jones got ahold of me after I
contacted Mr. Coletta's office and said, oh gee, they had missed
Page 98
September 23, 2008
checking up on me as one of the people were damaged (sic). So he
came over and said, well, we'd like to take care of this by painting
your house. I said, well, as long as we --
CHAIRMAN HENNING: Sir, you're going to have to finish.
Your time is up.
MR. BABB: Okay. All right. That would be fine, his -- after he
got his engineering bills -- this will finish it. I'm quoting now.
I called him to find out when the house was going to be painted.
Now, this was after several phone calls. He said, I'm looking at
$1,200 in engineering bills now, so I'm not going to add to the expense
by painting your house.
I recall a day when a man's word was good and when a man's
word was his bond.
CHAIRMAN HENNING: Thank you.
MR. BONNESS: Thank you.
MS. FILSON: The next speaker is Truman Gay. He'll be
followed by Tim Nance.
MR. GAY : Well, do you want me to start where I left off
before?
CHAIRMAN HENNING: Start with your name, if you would,
please.
MR. GAY: Truman Gay, sorry.
You know, we've been working on this for quite some time, and
it don't seem for some people to understand what's going on. You
know, I spoke before. And concrete will crack whenever it wants to,
anytime, and the people need to understand that.
And Mr. Jones, I've talked to him and worked with him for quite
a while, and he's the man to deal with. I think there's a lot of pressure
on him that shouldn't be.
This is lot of -- a lot of things are going on that's not true. That I
know for sure. So I'm not going to spend a lot of time up here, but the
things -- the things have been done. We picked through the engineers.
Page 99
September 23, 2008
They're not satisfied with those people, so I don't know what's next.
You tell me.
CHAIRMAN HENNING: Did you want to say something?
COMMISSIONER COLETTA: No, I -- that's where we -- when
you get through talking and everybody's through, we're going to start
the discussion going and ask questions, and then we'll know what's
next. I don't think we've reached that conclusion yet.
MR. GAY: The whole process was, when it all started, I went to
one of the -- one of their meetings. I was invited to one of their
meetings, not the gentlemen's meeting. They had a meeting down
there. They was going to stop the blasting.
So they've been blasting -- I'm 76 years old. They've been
blasting ever since I can remember, and they've tried to stop the
blasting. I think it's a shame what the man's going through. It needs
to be corrected. There's a lot of lying going on. Thank you.
CHAIRMAN HENNING: Thank you.
MS. FILSON: Tim Nance. He'll be followed by Michael
Ramsey.
MR. NANCE: Mr. Chairman, my name is Tim Nance. I'm the
President of the Golden Gate Estates Area Civic Association.
At the request of Commissioner Coletta, I, together with a couple
other members of the Golden Gate Estates Area Civic Association,
attended a meeting of the Engineering Selection Committee to try to
understand some of the issues, try to understand what the issues mean
to residents of Golden Gate Estates that are adjacent to the mining
operation.
It's clear that there's a -- that a lot of things have gone on here.
It's clear that there's been a lot of claims of damage by adjacent
residents. It's clear that the mine has made a genuine effort to reduce
blasting shock and attempted to adopt some innovative methods and
tried to reach out to residents.
The fact of the matter is, I don't think it's been clearly established
Page 100
September 23,2008
what has happened up to now. There's been a lot of claims for
damage. It's my understand that the mine has paid for some repairs on
some homes and so on and so forth, but nobody really knows what's
going to go -- what's going to happen going forward.
With a low economy, little commercial blasting has occurred
recently so nobody knows what's going to happen with the reduced
blasting shock.
I think the most important thing for residents and for the mining
business itself and to have a good situation going forward, is the
process that we have going forward. If things don't seem to pan out as
everybody hopes it will, what's going to happen?
It's my understanding the mine has offered to pay for an engineer
to assess claims. The only concern that I think a lot of people share is
that going forward we need a legitimate third-party evaluation. I don't
think it's -- I don't think it's satisfactory that the mine itself administer
this process of going forward.
An engineer that makes a determination of whether damage has
occurred or not clearly should not be an employee of the mine. It
should be a legitimate third-party -- third-party source of information
and professional opinion.
If the county approves the expansion of the mining activity, it
owes the adjacent property owners protection and a fair process, and I
think that going forward the mine should take a proactive and active
oversight and administrative role in this process going forward.
CHAIRMAN HENNING: Thank you.
MS. FILSON: Michael Ramsey.
MR. RAMSEY : We can use this one, right?
CHAIRMAN HENNING: Yes, you can. Just state your name
for the record.
MR. RAMSEY: We've got color charts.
Good afternoon, Commissioners. My name is Michael Ramsey.
I'm the President of Ramsey, Inc., Environmental Consulting. I have
Page 101
September 23, 2008
been working in and around Collier County in this area with
environmental issues and land use issues, competitive land use issues,
for the last 30 years.
I'm a director on the board of directors for the Golden Gate Civic
Association and I'm also a member of your East of 951 Horizon
Committee.
I was asked by members of the Estates Civic Association to
attend a homeowners meeting with the applicant, Jones Mining, and to
prepare an evaluation of what I thought of the information.
I attended the meeting and I was not impressed with either side.
They don't seem to be able to wrap their hands around what is -- what
needs to be done, is identify the problem issue.
I don't claim to be an expert in blasting and I'm not going to. I
know how to deal with land use issues when people are competing
with each other and you have to frame a way to solve the issue.
I know in my experience that if you provide decision makers
with accurate information, they can develop a way to find a long-term
solution between the two competing interests.
It is my opinion, after attending the meetings, there are two
problem issues that need to be identified here. The first one is -- you'll
see on the second page there -- current construction specifications for
single- family homes. That problem identification is this, is that all
homes that are single-family homes currently permitted or built in
Collier County were permitted and constructed under construction
specifications that did not include blast wave influences.
Number two, the other problem that I see that is a problem
identification that was missed is that the real problem here is a soil
compaction issue.
And you'll see on the diagram in front of you that soil
compaction is a function of two processes; soil particle shape and
water in the soil. Soil particles that are round, spear-like with a round
edge, are hard to get soil compacted. They keep moving when you
Page 102
September 23, 2008
push then together.
Soil particles that have an irregular shape and are jagged. When
they come together, they lock into place and are less likely to move.
When you put water in between the spaces of both of these soil
particle types, they become even less likely to move and more
compact. When you take the water out, they become more likely to
move due to other influences.
Number two, you'll see in figure 3 there a house on a fill pad, a
slab, and a typical house setup. Number one, fill pads are designed
and put in place to rise (sic) the house out of the water and keep it at
an elevation not to be flooded typically, also it is set up for septic
design so that the septic drain field does not get into.the water table;
therefore, you have an elevated dirt structure that does not get wet. It
stays dry.
So the third thing is on that, construction of a concrete slab over
time has gone through trial and error, and it is designed in concept to
float on the dirt.
Now, the current design of concrete slabs --
CHAIRMAN HENNING: You have to wrap it up, sir.
MR. RAMSEY: I will -- is not designed to accept blast
specifications from blast waves; therefore, I've come up with four
recommendations from this quick study into this and the evaluation of
these meetings.
Number one is, there needs to be investigation into frequency,
blast intensity, and distance from currently constructed permitted
single- family homes to not affect their current design.
Number two, there needs to be an investigation into what design
specifications would be recommended to withstand current blasting
intensities.
Third, needs to be an independent third party doing it,
specifically from the county, and it's going to require multiple of this
routine (sic) with four different disciplines, because this is not a
Page 103
September 23, 2008
simplex issue.
Thank you, Commissioners.
CHAIRMAN HENNING: Okay. Next speaker?
MS. FILSON: That's your final speaker, Mr. Chairman.
CHAIRMAN HENNING: Okay. Mr. Anderson?
Commissioner Coletta, did you have something?
COMMISSIONER COLETTA: Yes. Could I get Stan to come
up to talk to us about -- I guess he's our resident blast expert.
MR. MUDD: He's your county engineer, yes.
COMMISSIONER COLETTA: Yes.
Stan, we're seeing some information before us that I haven't seen
before, this particular document. I appreciate your comments on it.
MR. CHRZANOWSKI:Y es, sir. I haven't seen it before either.
Some of the comments that Mr. Ramsey made are correct. Soil
compaction does depend upon water content, what they call an
optimum moisture. Typical practice is, if you're trying to compact a
material for a road like a sand, you keep having to wet it down till you
hit the optimum moisture because at optimum moisture it takes the
least amount of energy to achieve proper compaction. You can
actually -- proper compaction is a function of a given weight dropped
over a given distance, and that's set by different standards, and you
can actually get over 100 percent compaction if you put enough
energy into the soil. So we -- our standards usually call for 98 or
something percent compaction.
When they do a house -- the other thing that happens when you
compact fill, we recommend that you bring in the fill in narrow lifts,
8-inch, somewhere around there, because you can bridge over loosely
compacted fill.
If you were to try to compact a 3- foot lift and you put enough
energy on the surface, the first few inches you might come up with
maybe 90, 100 percent compaction but what's below that might be a
lot less because the energy that you put into it bridges over the soil
Page 104
September 23, 2008
below.
So Mr. Ramsey brings up a good point. We don't have people
standing there while a lot of these pads are put in. And the pads in
Golden Gate can be pretty high because people like to go gravity into
their septic tanks, and the septic tanks and the drain fields are fixed by
the elevation of the water table.
So you hold the drain field up, you hold the building pad up even
higher to go -- gravity flow into that.
COMMISSIONER COLETTA: Let's bring it back to what we
have today . We have homes that are built on mounds of fill. Is--
from your observation, are we seeing a problem like is illustrated
within these drawings here with the fill separating itself from the
foundation?
MR. CHRZANOWSKI: I don't know. There's a lot of -- thunder
let's out a lot of vibration. If you get -- a dump truck goes down the
road in front of your house, you can feel the vibration. If the person
on the lot next door builds a house and brings in a vibrating roller --
we have had them at the intersection of Santa Barbara and Radio, the
vibrating roller backed the screws out of the Sheetrock in the bank--
at the building.
When we were having our parking lot built at the community
development, the vibration was actually rolling -- from the vibrating
roller was rolling things off the desks.
You can -- by building houses next door, you can actually cause
the fill on the pad adjacent to that to settle or -- it's -- we can go out
and we can test all the fill, but I thought they did that when they did
this, and I thought they found that the fill was not all that close to a
100 percent compaction.
COMMISSIONER COLETTA: Stan, as you heard, we had a
mixed bag of speakers today.
MR. CHRZANOWSKI: Yes, sir.
COMMISSIONER COLETTA: Some that said the effects are
Page 105
September 23, 2008
there, that they'd like to have a little more monitoring. There was
questions on whether we're doing the right thing as far as not
monitoring the blasts in a different type of direction. I'm not too sure
what we're talking about, although I think that we came up with a test
type of blast that was smaller blasts more frequently to try to keep the
vibrations down.
But the whole thing boils down to one simple thing. Are we
doing harm; are the people out there doing harm to the existing homes
(sic) that live there by the blasting they're doing?
Now, have you had any reason to be out there to evaluate this or
is this something we're leaving totally up to the engineer?
MR. CHRZANOWSKI: I can be out there if you want. In my
professional opinion from everything I've read and from everything
I've seen and years of experience, the level of blasting that's going on
out there is not harming the houses or the driveways.
Now, there's people going to disagree with that. Concrete -- like
your one speaker said, concrete tends to crack for a variety of reasons.
You can get a load of concrete out on a job site and your finisher
foreman will have them add a lot of extra water because it's easier to
handle the concrete. It takes longer to set up, longer to cure, and it
destroys the strength of the concrete.
There are -- you know, without taking the concrete and running
cy linders -- or actually they'd have to go in and core the concrete
afterward and break it. There's a bunch of tests you can do to find out
whether it was the construction.
COMMISSIONER COLETTA: Well, that's after the fact.
MR. CHRZANOWSKI: In my personal opinion, the level of the
blasting out -- in my professional opinion, the level of the blasting out
there is not enough to cause damage to any of these driveways,
structures, or anything else out there.
COMMISSIONER COLETTA: May I -- I have a couple more
questions, Commissioner Henning?
Page 106
September 23, 2008
CHAIRMAN HENNING: Sure.
COMMISSIONER COLETTA: What we have in place now --
we tried to come up with a way to be able to assure that this engineer
that was going to be hired would be representing the best interests of
the people and not of the mining company.
What could we do differently to assure people that that's the
case? Right now they're paying for the engineer. Is there some way
that the county could be paid the money and we hire the engineer?
Maybe -- I don't know. I'm just looking at another -- I want to give --
I want to make sure there's always a level of comfort and oversight to
protect the best interests of the people that is out there. Any ideas?
Any suggestions?
MR. CHRZANOWSKI: It sounds more like an accounting
question or a legal question than an engineer question, but I wouldn't
see why we couldn't. If they set up a fund, put money in the fund, and
we're the ones that distribute the money from the fund to the engineer,
we could do our own -- I was out there in one of the meetings when
they were talking about selecting engineers.
What they were trying to do was to get a bunch of engineers to
come in and each do an evaluation of something so that they could
compare what the engineers said, and I don't know how that turned
out.
COMMISSIONER COLETTA: Well, let me go to Bruce
Anderson, who's the representative for this -- for the mining company,
and he might be able to direct the right person to come up here.
Mr. Anderson, if you would be so kind.
MR. ANDERSON: Yes, sir.
COMMISSIONER COLETTA: We still have concerns out
there. And, of course, job of this commission is to represent the
interests of these people to make sure that their welfare being is well
protected. There's been a lot of effort put into this, and I do give Jones
Mine credit for putting some tremendous effort into this. But, of
Page 107
September 23, 2008
course, nothing's ever as perfect as we'd like to see it. There's always
some other bit of oversight.
And here's some of my thoughts. Is there a possibility that the
same money that you are now spending for the engineer might be
redirected to the county, and the county would disburse the payments
to the engineer? Is that something that your -- your client would find
objectionable?
MR. ANDERSON: Let me ponder that one. No. They set up
this procedure with -- you know, they had a citizens committee. They
picked the engineers --
COMMISSIONER COLETTA: I understand.
MR. ANDERSON: -- for this, and this was all discussed out in
the open here at the county commission meeting and then at the
meetings that they held with neighboring residents. And, you know,
some people you just can't ever satisfy.
COMMISSIONER COLETTA: Well, that's why we're all in
business, Mr. Anderson, yourself included. If everybody was satisfied,
they wouldn't need attorneys and probably wouldn't need
commissioners either.
But going back to the problem at hand. My thought was is that
the engineer that's been picked. I don't think anyone has a problem. It
went through quite a vetting process to get there.
I think the problem is over the fact that it's Jones Mine that cuts
the check that goes to the engineer, and the feeling is, is that there
might be some obligation on the part of this engineer to perform a
little bit more in the favor of Jones Mine rather than the residents who
we represent.
So by putting it in the county's domain -- of course, with enough
money to be able to cover the cost for being able to administrate it,
whatever the agreed fee is that you have plus, I imagine, a small
stipulation to be able to cover the carrying charges that we would
incur, I think we'd be pretty close to where we'd need to be. Now,
Page 108
September 23, 2008
that's the first part.
Second part is, you haven't done that much blasting since the last
time you've been here. How many times have you blasted?
MR. ANDERSON: That's why I'm kind of baffled. With the
market conditions as they are, there has only been one blast --
COMMISSIONER COLETTA: Must have been a dilly.
MR. ANDERSON: -- since the last hearing.
COMMISSIONER COLETTA: It must have been one heck ofa
blast to get everybody going here.
But in any case, things being -- we hope that business improves
for everybody out there and that the economy takes off again. And
there will probably be an interim where there will be very few blasts
and it will be hard to evaluate what's taking place.
Meanwhile, there's perceived damage or real damage that the
residents out there have on their homes. I'm sure there's a lot of
people out there that are still waiting for an engineer's final report.
My conditions for the approval, if I'm the one that got to call the
shots on it, would be, one, to have the engineer under the employee's
employment but so the county incurs no costs for it, and that means
administrative costs, too; number two, that we go to a yearly review at
this point in time. And I'm not going to go with six months because if
you don't do a blast between now and the next six months, I think it's a
wasted effort to be calling everybody together for another meeting.
At the end of one year when we review it one more time and give
it an -- either go ahead or, you know, cease, we can at that point in
time either use those decisions or even go to a six-month schedule if
need be. But I want to commend you and your client for the efforts
that you have made.
Can you tell me just a little bit about the funds that have been put
aside for the betterment of the neighborhood and how that's being
handled?
MR. ANDERSON: I'll ask Mr. Jones to address that because he's
Page 109
September 23, 2008
the hands-on person with regard to the neighborhood fund. I can tell
you that they have deposited in my law firm's trust account the
$40,000 that was required for this first year of operation.
COMMISSIONER COLETTA: And this money is going to be
distributed in the very near future to some sort of committee that's
going to decide the best use of it?
MR. ANDERSON: Yes. Mr. Jones has formed a committee. I'll
let him tell you the particulars of that.
COMMISSIONER COLETTA: Okay. And then that will be the
end of my questioning and I'll give it to my fellow commissioners to
continue it from here.
MR. ANDERSON: Could I answer one -- before we get too
much farther along, I want to eliminate a misconception about the
engineering committee. The engineering committee selected two
engineers, and homeowners are free to choose which one they want.
Secondly, the engineers, when they sign something as having
conducted an inspection, they put their license on the line, and they're
not going to do it for the mere pittance that -- well, Damon will
disagree with me -- the mere pittance that Jones Mining pays them.
COMMISSIONER COLETTA: I'm sure that's probably true, but
it's perception that counts here.
CHAIRMAN HENNING: Commissioner Fiala, then
Commissioner Halas.
COMMISSIONER FIALA: Yeah. One of the things that
bothers me about this discussion is that if, indeed, the county is
choosing the engineering firm and paying them, number one, the
residents don't get to choose the engineering firm anymore; number
two, don't we have to go through the whole government rigmarole --
COMMISSIONER COLETTA: No.
COMMISSIONER FIALA: -- to line up those eligible firms, and
then the people there don't have a choice? So I'm wondering if we're
maybe straying from--
Page 110
September 23, 2008
COMMISSIONER COLETTA: No, if I can clarify that.
COMMISSIONER FIALA: Okay.
COMMISSIONER COLETTA: We kept everything in place that
the committee put together, the two engineer firms that they already
have. The only difference would be is that the money would not be
paid directly to the engineer firms from Jones Mining. It would come
through the county and go to them so then that removes that
perception of the fact that they're receiving a payment from Jones
Mine to make the decision.
Would that influence the outcome of it? Professionally it
shouldn't, but who knows.
COMMISSIONER FIALA: Are we allowed to do that, County
Attorney?
CHAIRMAN HENNING: You have to go through the a CNA
process.
MR. KLA TZKOW: I think we're getting a little complex here.
If Jones Mining is paying for that engineer, the fact that they give it to
us and we pay it to the Jones engineer is the same thing. And I am
concerned that if we're going to start paying the engineer directly that
we may have to start letting this out for general bids or proposals.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. I believe that those
professional engineers, they're acting in a professional manner and
that they should take on the responsibility. This shouldn't be in the
responsibility of the government.
I'm tired when people continue to say one time that they don't
want government in their life and then the next minute they turn
around and say, we want government to get involved.
I think that the situation that's been set up seems to be working.
Since our last meeting I have not gotten any emails in regards to this
issue until two days ago when all of a sudden there was a flair-up.
Before that there was no indication that there was any kind of a
Page 111
September 23, 2008
problem.
So I think that the manner in which it's been established, I think
is a very good one. And I don't think that the engineers that have a
professional license are willing to put that on the line with the idea
that they're in the pocket of the mine owner. So there's where I stand.
CHAIRMAN HENNING: Mr. Anderson?
MR. ANDERSON: Yes, sir.
CHAIRMAN HENNING: I'm kind of confused about this
process. I remember the process. So you're saying right now there is
no engineer to see through the process? An engineer has not been
hired because the citizens need to pick one or the other engineering
firm?
MR. ANDERSON: Yes. Two have been selected by the
Engineering Selection Committee, and then homeowners have their
choice of which of the two they want to use.
CHAIRMAN HENNING: Okay. Now, you said that you only
have done one blast since you've been back here?
MR. ANDERSON: Yes, sir.
CHAIRMAN HENNING: Was citizens notified of the blast?
Was there any correspondence?
MR. ANDERSON: I believe two of your speakers were there.
CHAIRMAN HENNING: Oh, they were there.
MR. ANDERSON: Yes.
CHAIRMAN HENNING: Was there any complaints about that
blast from the county? Stan is shaking his head no.
MR. CHRZANOWSKI: No, sir. There were no complaints from
-- we haven't received any complaints at the county since the last
public hearing.
CHAIRMAN HENNING: And your name, for the record.
MR. CHRZANOWSKI: Stan Chrzanowski, Engineering
Review.
CHAIRMAN HENNING: Okay. Is -- you know, should the
Page 112
September 23, 2008
Board of Commissioners choose the engineer? I mean, you have two
of them to choose from. Should we flip a coin and choose them right
now since they -- nobody has choosed them at this time?
MR. ANDERSON: Well, folks have used them.
CHAIRMAN HENNING: Okay.
MR. ANDERSON: I mean, there have been engineering
inspections done and the people have selected which of the two
engineers that they want to use.
CHAIRMAN HENNING: Oh, I see. The engineers can go out
to their house?
MR. ANDERSON: Yes, I'm sorry.
CHAIRMAN STRAIN: Okay. Now I remember. I thought they
were going to watch the operation. Okay. It's just the blasting time,
and the residents can choose what engineer to go out and inspect the
home. And nobody has called these engineers out to their home to
inspect?
MR. ANDERSON: Oh, yes. There have been inspections done
CHAIRMAN HENNING: Okay.
MR. ANDERSON: -- and reports. We file the reports with the
county .
CHAIRMAN HENNING: What's the outcome of those reports?
MR. ANDERSON: I'm going to ask Damon Jones to come up
here and talk about that as well as the neighborhood committee.
MR. JONES: Damon Jones, Jones Mining, Mr. Chairman,
Commissioners.
Forge Engineering's one of the selected firms. They've done--
they've performed two. And Bob Rude Structures is the other firm
that was selected by the committee. They recently performed one.
Unfortunately we haven't got that back yet.
The two Forge's, one was -- they wouldn't quite determine. It
was cracked tile. In that case I told the homeowner that I would -- you
Page 113
September 23, 2008
know, the report, the conclusion was kind of ambiguous. He really
wasn't sure. It could have -- it could have occurred that way. The
homeowner didn't remember it being there before the blasting started.
So again, every time I've said I would do something, I agreed to take
care of his tile.
The other Forge report was done on Mr. Babb's home, who spoke
today, and his conclusion was that based on the age of the home,
based on the types of cracking, based on its location, based on my
vibration data, that it was normal cracking, normal settlement of the
stucco and cement.
CHAIRMAN HENNING: Okay.
MR. JONES: The engineers -- just to clarify. I mean, the idea of
this was -- first was as a last resort, and the few times neighbors have
called me and asked me to, you know, to come look at their house,
I've said that. I've been the one -- let me be proactive. I'll come, let
me look at your house, and I've stepped to the plate on every time.
The engineer was the last resort that if me and the homeowner
couldn't agree, you know, it's not my fault, but then we agreed to let
an engineer professionally come out and make a determination, and I
would abide by that determination. And I, again, offered to --
CHAIRMAN HENNING: Okay.
MR. JONES: -- I would pay for that--
CHAIRMAN HENNING: I got it.
MR. JONES: -- so the homeowner didn't absorb that cost.
CHAIRMAN HENNING: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
Mr. Babb's referenced about seismatic or testing. I was totally
lost by what his request was for.
MR. JONES: We had sent out -- Geosonics did the inspection,
documented the house. When he called me last spring about the
cracking, I went and looked at the house again. My determination, it
was cosmetic. I offered at that time to -- I told him to go to Sherwin
Page 114
September 23, 2008
Williams, pick out his paint color, and the easiest way is just to paint
the whole house and just take care of it.
Mr. Babb asked for an engineer's inspection report, so Forge was
sent out and Forge did an inspection report and determined that wasn't
anything to do with the mine. And at that point, again, you know, I
didn't think I felt responsible then to have to repair something that I
didn't think I had done.
COMMISSIONER COLETTA: Did Mr. Babb take advantage of
the offer to paint his house or --
MR. JONES: No. He insisted on the engineer coming out.
COMMISSIONER COLETTA: But I mean, after the engineer
came out, was that offer still good or did that --
MR. JONES: At that point I didn't think, after -- as an engineer
told me it was not -- it had nothing to do with the mine.
COMMISSIONER COLETTA: Oh, I see. In other words, you
were going to trade off the engineer against painting the house?
MR. JONES: I would assume, again, to save the hassle of that,
just let me step to the plate and I'll take care of it before we ever get to
that point. That's when I said, I'll just fix it, you know.
He lives almost two miles from the mine. He lives at the very
end of 18th Street, you know. I said -- you know, I was just trying to
be a good neighbor. I'd -- you know, we'll send the guy out, pick your
paint out, and I'll just take care of it.
COMMISSIONER COLETTA: What are your plans in the near
future as far as blasting goes? I mean, if the economy stays the way it
is or keeps going in the path it is, do you see much of a need for
blasting? I'm just trying to get an idea --
MR. JONES: I'd love to have to blast as much as I could. You
know, as we're all aware, you know, the economy's been extremely
slow. We haven't needed the material. You know, we've got a
stockpile, then we lost a month and a half there with all the rain and
storms. We were kind of under water out there, so that makes it kind
Page 115
September 23, 2008
of difficult to work.
You know, hopefully, you know, the economy will pick up and
we'll need that material and need to get it out of the ground.
We've been using the -- and the county has all my logs. We've
been using that reduced blasting level for over a year now since our
last September hearing. You know, we've made those changes in the
April one on the actual conditional use, but we've been using those
lower -- those different patterns for a year now, and we'll continue to
do that, and we've made that commitment.
COMMISSIONER COLETTA: And I realize how futile it is to
try to bring the engineer underneath the county where everything's
been done to have the local residents pick out the engineer, where it'd
be wiped out because of the fact that we have to go through a bidding
process. And I can tell you one thing, it would cost a lot more than
what you're paying.
MR. JONES: Well, that was the idea of the two--
COMMISSIONER COLETTA: And so I think that that
particular effort could be futile. I do think that you're doing
everything you possibly can to mitigate damage. I do believe that the
residents out there have justified concerns. You know, trying to live
in coexistence with an ongoing mine is not always the easiest thing in
the world.
And with that, I have no reason to deny you but I would want to
condition the approval today to a one-year conditional approval for a
review again next year rather than two years. And hopefully by then,
you know, we'll have enough time and experience behind us one year
from now where it would no longer be an issue.
MR. JONES: Well, my only concern would be is, we had two
speakers here the day after, you know, we've been blasting for two
years. And last September, I believe, we had 15 or 17.
I mean, I'll abide by whatever you agree to. But like I said, I am
continuing to try to step to the plate and do what I've asked (sic), and
Page 116
September 23, 2008
I'll continue those processes. I'm not--
COMMISSIONER COLETTA: And forgive me. I can
understand. Being a business owner for 32 years, you've got
reservations about what I'm talking about. But the truth of the matter
is, my first obligation is to the residents out there, and I have to try to
come up with a way to be able to satisfy their needs first, and then
your needs would be second, not that I mean to berate you in any way;
I don't.
And with that, I make that motion, that we approve this with a
.
one-year reVIew.
CHAIRMAN HENNING: You approve the conditional use --
extend the conditional use for one more year?
COMMISSIONER COLETTA: Whatever the correct wording
would be. Maybe Jeff Klatzkow could give me some aid with it.
MR. KLATZKOW: Well, I guess you're approving the review
but asking the petitioner to come back in a year instead of the two of
years that is set forth in the conditional use.
COMMISSIONER COLETTA: That's correct.
CHAIRMAN HENNING: Okay. Is there a second to the
motion?
COMMISSIONER FIALA: I'll second it, but I have a question.
CHAIRMAN HENNING: Okay. Go ahead, Commissioner
Fiala.
COMMISSIONER FIALA: Mr. Jones, you said that you
continue -- you've been continuing to blast for two years. Then earlier
you said something about you've been reducing -- you've been using
reduced blasts yet somebody else just said there's only been one blast
in a year, and I'm getting real confused about, you know, continuing to
blast and only one blast and sending engineering firms out four
different times and yet you've only had one blast or you've continued
to blast. What is it?
MR. JONES: We've only blast -- had one blast event since our
Page 11 7
September 23, 2008
April hearing. We blasted July 10th. The six months before that, or
essentially since our last September -- September a year ago, we had
numerous blasts up until then, and that -- back in September's when
we started changing the number of hole patterns, so we've only blasted
one time since April but we've been using the reduced number of
holes, reduced number of pounds per delay. The multiple blastings,
we've been doing that since last September.
COMMISSIONER FIALA: But not since April?
MR. JONES: Since April we've only needed to blast one time.
COMMISSIONER FIALA: Thank for the clarification.
CHAIRMAN HENNING: Okay. Well, there's a motion on the
floor and a second to approve staffs recommendations with the
stipulation that this will have a review within one year.
Mr. Klatzkow?
MR. KLATZKOW: And before you vote, could we get on the
record that the owner of the mine is okay with this coming back in a
year, that you consent to this.
MR. ANDERSON: Yes. One item if we're going to be
modifying the conditions at all. We have a little typo we need to get
cleared up. Biennial, biannual. So we're proposing that condition
number 5 be modified to read in that manner so that it's clear that we
pay it, $20,000 twice a year. I think the way it's written up, it's every
other year.
COMMISSIONER COLETTA: Okay. I have that included in
my motion.
CHAIRMAN HENNING: And--
COMMISSIONER FIALA: In my second.
CHAIRMAN HENNING: -- in your second?
Okay. Any further discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
.
saYIng aye.
Page 118
September 23, 2008
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries.
MS. FILSON: Do you want to see this one, Mr. Chairman?
CHAIRMAN HENNING: (No verbal response.)
MR. ANDERSON: Thank you.
Item #7 A
RESOLUTION 2008-291: CU-2007-AR-12419, ABC LIQUORS
INC., REPRESENTED BY HEIDI K. WILLIAMS, AICP OF Q.
GRADY MINOR AND ASSOCIATES, P.A., A CONDITIONAL
USE OF THE COMMERCIAL INTERMEDIATE (C-3) ZONING
DISTRICT WITH A SPECIAL TREATMENT (ST) OVERLAY TO
INCREASE THE MAXIMUM ALLOWABLE SQUARE-
FOOTAGE OF PERSONAL SERVICES, VIDEO RENTAL, OR
RETAIL USES (EXCLUDING DRUG STORES, 5912) FROM
5,000 SQUARE-FEET OF GROSS FLOOR AREA TO 12,000
SQUARE-FEET OF GROSS FLOOR AREA IN THE PRINCIPAL
STRUCTURE. THE SUBJECT PROPERTY, CONSISTING OF
APPROXIMATELY 1.79+ ACRES OF LAND, IS LOCATED IN
THE NORTHEASTERN QUADRANT OF THE CR951 AND US41
INTERSECTION, IN SECTION 3, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA - ADOPTED
W/STIPULATIONS
MR. MUDD: Commissioner, that brings us to item 7A. The
Page 119
September 23,2008
item requires that all participants be sworn and ex parte disclosure be
provided by commission members.
It's conditional use 2007-AR-12419. ABC Liquors, Inc.,
represented by Heidi K. Williams, AI CP of Q. Grady Minor &
Associates, P .A., is requesting a conditional use of the commercial
intermediate C- 3 zoning district with a special treatment overlay to
increase the maximum allowable square footage of personal services,
video rental, or retail uses, excluding drugstores, which is 5912, from
5,000 square feet of gross floor area to 12,000 square feet of gross
floor area in the principal structures.
The subject property, consisting of approximately 1.79 plus acres
of land is located in the northeast quadrant of County Road 951 and
State Road 41 intersection, in Section 3, Township 41 south, Range 26
east, Collier County, Florida.
CHAIRMAN HENNING: All wishing to participate in this item,
please raise your right hand and be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN HENNING: Ex parte communication. We'll start
with Commissioner Coyle, I guess. Commissioner Halas--
COMMISSIONER COYLE: Mr. Chairman, I have had meetings
with Mr. Y ovanovich and Ms. Williams concerning this item. I've
also received correspondence. I've read the CCPC file, and I also have
an em ail from a constituent who had raised some questions about this
project.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I have no disclosures at this time
on this item, 7 A.
CHAIRMAN HENNING: The only disclosure I have, I watched
the Planning Commission meeting. I think this was last week.
MR. YOVANOVICH: Yes, sir.
CHAIRMAN HENNING: And we have a supplement in the
agenda packet.
Page 120
September 23, 2008
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I've read all of the material. I
even went to see an ABC liquor store. I've never been in one of those
before. And I've talked with the developer and developer's agent,
thank you, Rich Y ovanovich. I've talked with Rich Y ovanovich. And
I've had email correspondence with some of the neighbors in that area
and I've spoken with staff a number of times and corresponded with
them.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I've had a
meeting with Richard Y ovanovich, Heidi Williams and, of course, I
met with staff on several occasions on this.
CHAIRMAN HENNING: Okay. Mr. Yovanovich?
MR. YOV ANOVICH: Thank you.
Good afternoon. For the record, Rich Y ovanovich on behalf of
the petitioner. With me today also is Heidi Williams ofQ. Grady
Minor & Associates to answer any questions you may have.
This is a request for a conditional use for an ABC Liquors. The
existing zoning is C- 3. The actual use is an allowed use in the C- 3
zoning; however, in C-3 the square footage is limited to 5,000 square
feet. This will be a -- basically a stand-alone store that will be 12,000
square feet, which is about 2,500 square feet less than the CVS
drugstore that's the neighbor to the south.
The property is located at the intersection of Collier Boulevard
and the -- U.S. 41.
We have had two neighborhood information meetings. We've
had two neighborhood information meetings for this project because at
the first neighborhood information meeting, we were advised that the
delivery trucks would not being semis like you would find in a
grocery store. So that was a condition of the original Planning
Commission approval.
The guy who actually manages and operates the ABC Liquors
Page 121
September 23, 2008
advised us that, in fact, they do. They deliver out of Orlando and they
service all their stores down here with a semi truck. So we went back
and did another neighborhood information meeting because we
wanted to clarify for the record that, yes that would be a semi truck
delivery .
We -- there was a concern from one of the residents about how it
would actually function. And I'll go to the visualizer real quick. It's
anticipated that the semi would basically come off of the East
Tamiami Trail, use this entrance here, go back behind the CVS, use
this interconnection point here, and park along this side of the
building.
The actual entrance to the building is -- the front of the building
is here. So during delivery time, these spaces would always remain
open and, candidly, we think those are the only spaces that will ever
really be used by the store. Code requires all of the spaces, but from
actual operations, we think this will be the only area that's utilized.
Planning Commission said, if you're going to use semis, you have
to have this interconnection point. And then we also had limitations
on hours of delivery for the semi trucks, and those deliveries would be
limited to 9:00 a.m. to 4:00 p.m. and then again from 6:00 p.m. to
10:00 p.m. All deliveries will be prohibited between the hours of
10:00 p.m. and 7 :00 a.m.
So to address concerns related to the semi trucks, there are hours
of limitation. The Planning Commission recommended approval 8-0.
Staffs recommending approval.
I wanted to clarify -- because this came up at Planning
Commission. We're a general retail use, and it falls under the
category, you know, services and use, and that can sound awfully
broad, but this conditional use is purely for the ABC Liquors Fine
Wine and Spirits stores, so there's not going to be, you know, just a
general -- general uses on the site for this conditional use.
And I know that was a concern that Commissioner Fiala hado
Page 122
September 23, 2008
when we met is that it could have connoted other types of uses within
the store. And I hope when you went by you saw that there are no
other types of uses in the store, that it's primarily wine and then
secondarily liquor sales through the store.
With that, that's our presentation. If you have any questions
regarding the petition, we'll be happy to answer it.
CHAIRMAN HENNING: Commissioner Fiala, Commissioner
Halas.
COMMISSIONER FIALA: Okay, fine. That's great. I'll put
that on the record though somewhere, you know, a few little places
here it mentioned that this zoning would include personal services and
video rental, and I just wanted to --
MR. YOV ANOVICH: Right.
COMMISSIONER FIALA: -- make sure that that is not part of
this. I know it wasn't a part of the ABC Liquors that I went to, but I
wanted to put on the record that that is not a part. I also want to put on
the record that I spoke to Planning Commissioner Bob Murray as well
-- I didn't say that -- and also to Heidi Williams. So I should put that
on the record.
And lastly, as far as the increased floor footage, which is
increasing about 140 percent from what it was, one of the -- one of the
citizens wrote and said that they wanted to make sure that the increase
in vehicular traffic would be accommodated, and you've pretty well
pointed that out.
MR. YOV ANOVICH: Right.
COMMISSIONER FIALA: But would you state that again.
MR. YOV ANOVICH: Yes. And we obviously had to do a
traffic analysis related to the square footage of the building and the
type of use, and the full square footage was analyzed, and we are part
of the consortium. So until -- until the consortium agreement goes
forward, actually this use won't be allowed to go forward.
COMMISSIONER FIALA: Okay. That was my next question,
Page 123
September 23, 2008
so you just answered it.
MR. YOV ANOVICH: Okay.
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: When is this consortium going to
start developing this particular intersection so that we can
accommodate --
MR. YOV ANOVICH: The desire -- we have resubmitted the
Developer Contribution Agreement to your transportation staff with
the desire to break that project into two phases with the intersection
being done first, and then about a mile east of the intersection, done
later when the residential development is ready to go forward.
We're hoping to be in front of the Planning Commission at your
first meeting in October, and the draft that we submitted to your staff
was -- if it's approved, we would then put the bond up within -- I
thought -- I think it was 10 or 15 days of the board approval of the
amended DCA, and then we would start the design and permitting and
construction.
COMMISSIONER HALAS: Okay.
CHAIRMAN HENNING: Okay?
COMMISSIONER HALAS: Thank you.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: One more question. Nick, is that --
DCA still on track for the October meeting? I know you were
working hard to try and get that done. I just --
MR. CASALANGUIDA: For the record, Nick Casalanguida
with Transportation. I've submitted my comments back to them, and
they're providing comments back to me, so it will be here before the
expiration of the extension you provided to October 31 st. We'll be
back in front of the board.
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: Commissioner Coletta?
Page 124
September 23, 2008
COMMISSIONER COLETTA: Are you through, Commissioner
Fiala?
COMMISSIONER FIALA: Thank you.
COMMISSIONER COLETTA: Yeah. Mr. Yovanovich, if I
may go back to you. T ell me a little bit about the neighborhood
meetings because that's always a big concern.
MR. YOV ANOVICH: Well, actually there were no -- when we
went to the neighborhood -- and Heidi can give you the better details,
but there really were no issues related to the uses we were requesting
for the liquor store.
. COMMISSIONER COLETTA: Did Falling Waters in any way
interject themselves?
MR. YOV ANOVICH: They actually attended the Planning
Commission meeting, the first Planning Commission meeting and
were supportive. They obviously had -- and if I can. When you look
at the visualizer you can see how we're separated from Falling Waters,
that actually the closest structures are their carport and then their
actual unit.
So they were at the Planning Commission and didn't raise any
objections.
COMMISSIONER COLETTA: Okay. Thank you, Mr.
Y ovanovich.
MR. YOVANOVICH: Yes, sir.
CHAIRMAN HENNING: Okay. We're ready for staffs
presentation? John David Moss, you're here. I understand that you
were missing in action at the previous meeting.
MR. MOSS: I was. I was on the telephone talking to my
mother. It was my birthday that day.
COMMISSIONER COLETTA: Congratulations.
MR. MOSS: Thank you. That was the same day as this hearing.
And I would just like to explain the reason for the supplemental
staff report.
Page 125
September 23, 2008
CHAIRMAN HENNING: And your name, for the record.
MR. MOSS: Oh, I'm sorry. John David Moss, Department of
Zoning and Land Development Review.
Because of the hearing just being on the 18th and, of course, this
commission meeting today, we didn't have time, obviously, to provide
you with all the information and the staff report, so the supplemental
was prepared, which I believe Mr. Schmitt forward to all of you via
email. So apologies for that.
The only thing I wanted to add is that if you look at Appendix 1
in the supplemental executive summary, there is a letter that was
received from the only attendee of the neighborhood information
meeting and his concerns are expressed in there. He was just
concerned about trucks being able to turn into the site from 951. He
said there was -- it was a hard -- it was difficult for cars, two cars, to
actually make the turn at the same time today, and so he was worried
about semi trucks being able to make the turn once the cite was further
developed.
COMMISSIONER COYLE: Motion to approve.
CHAIRMAN HENNING: Is that it?
MR. MOSS: That's all I have.
CHAIRMAN HENNING: Okay. Thank you.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: There's a motion by Commissioner
Coyle to approve the conditional use with the supplemental comments
of the Planning Commission and staff?
COMMISSIONER COYLE: Yes.
CHAIRMAN HENNING: Second by Commissioner Fiala.
COMMISSIONER FIALA: Yes. Adding those things that I just
added onto the record.
CHAIRMAN HENNING: Okay. And I don't recall what was
added -- also added into the record.
COMMISSIONER FIALA: Oh, just that there would be no
Page 126
September 23, 2008
personal services or videos. I mean--
CHAIRMAN HENNING: Yeah, that's--
COMMISSIONER FIALA: -- it's already pretty well stated, but
I just wanted it written out. It's not going to even happen, and it's
pretty clear. Planning Commission did an excellent job," but I just
wanted to put it on the record anyway.
CHAIRMAN HENNING: Well, I want to make sure we capture
your feelings.
COMMISSIONER FIALA: Thank you.
CHAIRMAN HENNING: Number two says, conditional use
shall only allow liquor stores.
COMMISSIONER FIALA: Okay, thank you. Is there anything
else?
COMMISSIONER COYLE: Well, the stipulation by the
petitioner about the trucks that are going to be offloading.
MR. YOV ANOVICH: The -- I know we have the hours of
operation, which is number 5, and --
CHAIRMAN HENNING: Only -- no. Only delivery trucks with
no (sic) two axles shall be permitted on site. Only delivery trucks
with two axles.
MR. YOV ANOVICH: In your -- no, in your supplemental,
amendment number 5 addresses the revised hours of -- it's dated
September 18th, if you want me to put it on the visualizer.
CHAIRMAN HENNING: Oh. I have September 17th.
COMMISSIONER COYLE: Yeah. CCPC agreed to modify
their original stipulation to the stipulations that Mr. Y ovanovich has
previously agreed to, and those are the stipulations that are included in
my motion.
MR. MOSS: Okay.
CHAIRMAN HENNING: Okay, great. That further clarifies the
motion.
All in favor of the motion, signify by saying aye.
Page 127
September 23, 2008
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries. Half an hour till
break. We'll go to -- back to item 10.
Item #10C
A REPORT TO THE BOARD REGARDING THE INTEGRATION
OF BEHAVIOR BASED WELLNESS INCENTIVES INTO THE
COLLIER COUNTY GROUP HEALTH PLAN - PRESENT A TION
GIVEN~ DISCUSSED
MR. MUDD: Yes, sir. That brings us to 10C. That brings us to
10C, and that's a report to the board regarding the integration of
behavior-based wellness initiatives into the Collier County health
plan.
Mr . Jeff Walker, your Director of Risk Management, will
present.
MR. WALKER: Good afternoon. Mr. Chairman and
Commissioners, it's a pleasure to speak to you today. My name's Jeff
Walker. I'm the Director of Risk Management for the county.
I want to talk to you today about a report regarding the
integration of behavior-based initiatives into the group health plan.
This is a very important topic because, as you know, we're in a
political season and health care is an important issue.
I want to preface this by saying we have worked with a
consortium group for about eight years. The consortium groups
Page 128
September 23, 2008
consist of ourselves, the Collier County Sheriffs Office, Naples
Community Hospital, and the district school board of Collier County.
We represent about 22,000 covered lives and about $95 million in
annual healthcare expenditures.
So what we have tried to do is work asa consortium to leverage
our numbers to come up with what we consider to be innovative ways
of getting at this issue of healthcare costs.
First let me give you a little bit of background about where we
are, where we were, and where we're going. The current program that
we have was implemented on January 1 of2002 and it consisted of
three plans: A 300 deductible plan with 10- and 20-dollar co-pays; a
300 select plan with 10- and 20-dollar co-pays; and a 500 deductible
plan with 15- and 25-dollar co-pays.
That plan has been in place for what will be seven years and has
-- and the basic construction of the plan has not been changed.
At that time the board directed us to go to an 80/20 percent split
of premium over a five-year period, which is what we did, and so we
met that on January 1 of2006.
We've been fortunate in that we've been successful in
maintaining a stable rate structure for the past three fiscal years. And
matter of fact, we've had a 0 percent rate increase.
Those monies that we've saved as a result of that have accrued to
the county. It's the county's money. They weren't sent to some
insurance company in Jacksonville or somewhere else in the United
States. That's your money.
So when we save money, you keep it, and you can make a
decision to do whatever you want to with it or to use it to offset future
rate increases, and that's what we've really tried to do is to get ahead
of our plan design and try to keep our trend as flat as possible. That's
really been the goal in a very difficult environment.
We can attribute this to the existing wellness program, which has
been very successful. They do about 1,000 wellness assessments a
Page 129
September 23, 2008
year. The proper structuring of the insurance program; we look at that
very carefully every year, and I'll talk to that -- talk about that in the
next agenda item, which is 10D where we're talking about a budget
amendment. You'll see a $2 million recovery from reinsurance as a
result of the reinsurance program. And then simply prudent plan
management.
When you deal with increasing costs, the traditional methods of
dealing with those are simply increase rates -- that's a very simple way
to do it -- negotiate favorable provider fee schedules. I will tell you
that we have a very favorable provider fee schedule. We work with
Community Health Partners which encompasses about 800 physicians
locally . We monitor our fee schedule annually to make sure that we
are competitive. Right now we are at about 119 percent of Medicare
rate, which is extremely competitive except in a couple areas where
their, say, anesthesia where there are sole providers that we haven't
gotten to negotiate something differently with. But we are very
competitive.
You can increase deductibles and co-payments. You can place
caps on benefits. You can change the reinsurance structure, which I
talked about, you can shift cost to the employee, a lot of employers do
that, or you can do a combination of these things. Those are the kind
of traditional things that you see.
The problem with that is those are very short-term solutions and
they don't really get at what the underlying cost drivers are.
The other issue is that physicians -- and this is not a shot against
physicians. They do a great job. But the problem is that most
physicians are very good at treating disease after it happens. What we
don't see is really early intervention in terms of trying to get after
disease before it becomes a catastrophic type of case or a chronic case.
And so what we want to do is try to implement something that is
going to try to change that.
What we determine is that really the lack of early intervention
Page 130
September 23, 2008
contributes toward increased catastrophic outcomes. We have found
that only about 8 percent of our adult employees utilize our wellness
benefit, or our screening benefit. That's just really low. And we think
that that, along with the catastrophic losses that we're seeing, have
created a problem in terms of our plan cost going up.
When we were looking at this in 2007, the county manager asked
a real pertinent question. He said how can we engage our employees
to become healthier so we can reduce the number of catastrophic
cases?
We had about one quarter of 1 percent of our employees
contributing about $5.2 million in cost. That's out of a group of about
4,800 covered lives. What you're talking about is really just a small
handful of folks who are very, very ill encompassing a large portion of
the costs.
Now, that's -- that is the purpose of health insurance, okay, is to
take care of our folks when they become ill, and we don't begrudge
that at all.
My point being is that you can have a very small number of
people that really incur a lot of costs.
So when he asked me that question, really the question I asked
myself was, how could we better utilize our existing health dollars to
prevent or reduced catastrophic claims? And another question is
really, how do we become proactive rather than reactive in our
program? Because what happens is, you go to the doctor, services are
worked out and done, and a bill is provided to us after the event has
occurred; therefore, we are in totally reactive state. And how can we
become more proactive?
So staff began working with the healthcare consortium to look at
some alternatives. We brought in a couple of private sector companies
that administer wellness programs, and they do a good job in terms of
screening and so forth.
The thing that we were concerned about was they were primarily
Page 131
September 23, 2008
telephonic types of programs, meaning that employees deal with them
over the phone. We have tried to do that under the current
SmartChoice program that we have with Community Health Partners,
and we've found that it's frankly very difficult to get employees to
engage over the telephone. It's kind of like the salesman calling you at
home at dinner. You know, you don't really want to talk to them.
So we looked at another alternative. Back in 2006 I went to a
benefits conference and I met a gentleman by the name of Bob
Goodman. Bob is the Benefits Manager with Manatee County, and he
created a program called the Manatee, Your Choice Program, and
really, it's all about engagement. It's all about getting employees
involved in doing some things to help them improve their health state
so that you can reduce the number of catastrophic cases that you are
dealing with, and generally improve the health of employees.
On that particular slide, you'll see a -- the top of an article that
was in the Bradenton newspaper about the program and the success of
that program.
So we set up some general goals for the proj ect, and that was,
first of all, we want to be able to reduce our catastrophic cases by 25
percent over the next five years. Essentially, based upon 2007 figures,
that would equate to $1.4 million per year. We think that, frankly,
that's very attainable.
So we don't have to reduce a large number of these to result in
some very serious savings to the plan.
Some of the other things, we want to improve productivity,
quality of life, and we want to reduce sick leave and disability usage.
And these are all things that we can benchmark and we can measure
from year to year.
We would like to reduce the overall risk factors of the
population. That's something else we can benchmark and measure
from year to year to determine whether or not the risk factors of the
group are going down.s
Page 132
September 23, 2008
It's important that we protect the privacy of our members. That's
just paramount. HIP AA does not permit anything less, and it's illegal
under federal law to violate the privacy of your insureds.
The other thing is -- we want to do is enhance the current
physician relationship. We do not want to take away a current
physician relationship from our employees. In fact, we want to
enhance it. We want to make it better.
And then finally we want to provide a market-competitive health
insurance program. We want to be able to attract and retain our good
employees.
So that begs the question, how does the program work?
Traditionally, what we do now and what a lot of employers do is that
they offer several health plan options. We offer three. Every open
enrollment period you could take a look at those and if you're enrolled
in our plan, and you can pick between those. Typically the way
employees make that decision, they look at the plan, look at what it
costs them, they look at the out-of-pocket, and they kind of make an
economic decision about, are they going to get more out of the plan
than it costs them to buy it. It's just real simple. Nobody faults them
for that. That's just a rational decision-making process.
The problem with the approach is, it doesn't encourage
preventative activity nor does it address underlying cost issues. In
fact, it may create an adverse selection problem to the plan because
you've got folks buying a richer plan who have serious health
problems. Not begrudging that. I'm just saying, that's kind of the
mechanics of the way the thing can work.
So what we're going to do is effective January 1 of2009, we're
going to implement three health plans. They will consist of a basic
plan, which is a high deductible health plan; 2,000., $4,000 deductible
-- 2,000 per person, 4,000 per family. There will be a select plan,
which is our middle plan. It will have 30- and $50 co-pays
respectively and deductibles of 500 per person and 1,000 per family.
Page 133
September 23, 2008
And then we'll have what we call a premium plan. It's the best plan.
It's the gold standard kind of plan. That one will have 15- and $25
co-pays and 2- and $400 deductibles. So we're going to have three
plans just like we do now.
In terms of the rate structures of those plans, the employee
contribution, meaning the part that comes out of the employee's
paycheck, will be the -- exactly the same for every plan. So if you're
on the high deductible, the middle one or the premium plan, it will be
exactly the same.
They'll continue to be salary tiered like they are now. We have
25,50, 75 tier salary rates upon your earnings. If you make more, you
pay a little more.
There will still be smoker and nonsmoker rates, just like we have
now. And here's an example. In terms of the actual rate itself, and if
an employee currently has the 300 select plan with family coverage
and they don't smoke, their monthly payroll contribution will actually
decrease a little bit, about $36 a month. It's a little over $400 a year.
So under that plan they will actually -- we will actually put some
money back in their pocket.
We will enroll all employees on January 1, 2009 in that middle
plan. Everybody will go there then, and I'll explain why in just a
second. The key to this will be that for plan enrollment on January 1,
2010, it will be based upon the employee's participation in various
wellness-related activities for what we call qualifiers.
Price will no longer be the defining issue of which plan you're
enrolled in. It will not be a matter of, I pay this amount to get this
plan. It will be, I do this to get a better plan. It's what you do, not
what you pay.
The program uses what's called advocates. Advocates are
typically registered nurses. They guide employees through the
program and help them to accomplish those things that we're asking
them to do. They act as coaches really to assist employees.m
Page 134
September 23, 2008
Frankly, that is one of the elements that's really missing in
healthcare. There's a lot of employees would like to know what to do.
They would like to know how to get healthy, but they don't have the
help they need to do it. We have a great wellness program, and
they've done a great job with it.
I enrolled in the weight loss program yesterday. I learned more
about food in one hour than I've learned in my whole life. It was
incredible. I mean, Karen Eastman, who's with us today, does a
tremendous job at that, but how do we focus that effort? How do we
focus it?
That's kind of what an advocate does. An advocate works with
that employee to focus the effort.
The county will utilize an existing contract with Community
Health Partners. We already are under contract with them. They
already do disease management, case management, utilization review,
all kinds of things, the SmartChoice program.
What we would like to do is take that step further, have them
supply the advocates on site. They will be here on site to assist our
employees. They'll be in building D in the main campus, and they'll
also go out to the various departments from time to time.
There will be a qualifying period. The 2010 plan year will have
a qualifying period that will begin on January 1, 2009, and will end on
September 30, 2009. That's nine months, a nine-month period of time.
On October 1, the period will end and it will close, and then what
the employee did during that nine-month period will determine which
plan they will be enrolled in on January 1 of2010.
So what are the qualifiers? That's the question that causes a
shiver to go up and down the spine. I think when you hear this you'll
see that they're really not that difficult. And frankly, the things we're
going to ask employees to do are things they probably ought to be
doing anyway. They're not that onerous.
First of all in terms of the basic plan. Essentially they do nothing
Page 135
September 23, 2008
except qualify for health insurance. If an employee chooses not to
participate -- again, this is based on participation, not outcomes. If
they choose not to participate, they will be enrolled in the basic plan,
and that's fine. I mean, nobody's going to hold a gun to their head and
make them do anything.
In terms of the select plan, which is that middle plan, they'll need
to do the following things. These are very simple. They need to
complete a personal wellness questionnaire. We have about 1,000
employees a year that already do this. They're used to it. They
understand it. Looks like this. You may have done this yourself in
terms of the wellness questionnaire, very simple. They need to
complete that.
They will also need to provide a blood sample, which we will use
Quest Diagnostics, which is a CHP provider in our network. Quest
Diagnostics will come on site, we will line them up in probably about
50 sites. So what will happen is, the employee can go down, it takes
about 15 or 20 minutes, they've completed their wellness
questionnaire, we take a blood sample, they'll do some weight and
height measures.
And then what will happen is, that information will be
incorporated into their personal wellness report, and that will be
provided to them by the advocate, and it will provide an action plan
for them, things they need to do. Maybe they don't have a physician
relationship. We're going to help them get a physician relationship.
Maybe they need an educational, maybe they need to go to Karen's
program. We'll help get that aligned.
Then we talk with the premium plan qualifiers. We've talked
about the basic, we've talked about the select, and now we're talking
about the best plan. How do you get into the best plan? First of all,
you complete the select plan, the wellness questionnaire and the lab
draw.
Then the next thing we're going to do is we're going to ask our
Page 136
September 23, 2008
employees to complete age- and gender-based screenings pursuant to
the American Academy of Family Practitioners guidelines. These are
guidelines that the physician community has set out. They're basically
age based. They're based on the ages of25 -- 20, 25, 30, 35, 40, 43,
46. There's one at 49, which we're not going to do because there's one
at 50, so we're going to just cut one of those out, but 50 and then every
year thereafter there's some things they ask to be done.
But we're going to ask our people to utilize the well preventative
benefit that we're providing to them to get screenings done.
Those screenings can be done by their own physician. We're not
going to say they have to go to one of our physicians or we're going to
select that for them. They can go anywhere they want within the
network. And if necessary, like I said, the advocate will set that up for
them and help them out with it.
The second issue is, in addition to screenings, that we're going to
ask the employee if they're a diabetic, that they get diabetes education,
and there's two types of that. A lot of them have already been
diagnosed and have been through education. There's a two-hour
refresher course we would ask them to do.
And then if they're a new diabetic, newly diagnosed diabetic,
what we're going to do is ask them to go through a five-hour course.
And the reason this is important, it addresses issues of nutrition, how
to measure your blood, all of those sorts of things. And it's important
that they get training up front because diabetes contributes to a lot of
the catastrophic cases that we're seeing.
One of the other things we're looking at with regard to diabetes is
offering free test strips through our med center. I'm working with the
Bayer Company to put a program together so that if an employee will
go into our med center, get a blood draw every quarter, get an AIC
test done, we'll give them 90 days worth of test strips. The important
thing here is we need to manage these folks. It's in their interest, and
we're going to help them do that.
Page 137
September 23, 2008
And then finally, we're going to ask our employees, if they
smoke, to go through a smoking cessation program. That is something
that we can do under the HIPAA law, that we're going to implement
that. We offer a program called commit to quit. I sent an email out on
that Friday. I had 17 people call yesterday to sign up for that program.
Our success rate right now in folks who are over six months out
of the program is about 80 percent. The standard is about 44. We're
real excited about this program. It's medically managed by the
physician assistant. And so far, we've been very successful with it,
and we want to continue to promote that.
And, again, the programs and testing associated with the
qualifiers are provided at no cost. In other words, we're going to pay
for this, and this is really our investment to try to -- to get to that 25
percent reduction in the catastrophic losses that we're looking at.
So let me just recap real quickly. Basic plan, you do nothing.
Select plan, you get wellness assessment done, lab draw taken, get a
report, personal wellness profile from the advocate. The third plan,
the select plan, you get your age-based screenings done. If you're
diabetic, you get some education, and if you're a smoker, you go
through smoking cessation. Those are the qualifiers.
The other portion of this that we are looking at to kind of buttress
the program is the implementation of what's called health
reimbursement accounts.
We offer currently what's called flexibility spending accounts.
Those accounts are employee funded. They have a use-it-or-Iose-it
feature. You have a payroll deduction taken, and if you don't use all
that money, you can actually lose it, and can't roll over the unspent
funds.
Now, we're going to keep those accounts in place. We're not
going to get rid of them. We have about 400 employees a year who
use those. They realize a tax savings by putting money in those, and
the county realizes a tax savings of7.65 percent on the FICA. We
Page 138
September 23, 2008
save a lot of money with these, and -- that and premium conversion
that we do. But we save a lot of money on these accounts, and so does
the employee. The employee saves about 25 percent of the cost of
every dollar they put in there in tax savings, so they're very valuable
accounts.
The difference between that and a health reimbursement account
is that these are employer funded. They are not employee funded.
They can't be employee funded, at least at this current stage, and funds
are permitted to accumulate in those accounts.
So what we're planning to do is for employees who qualify for .
the premium plan, they're the ones who will be eligible to get these -- I
mean they're going to go the extra mile. What we're going to do is
contribute up to $300 in what we call healthy bucks, and that will be if
they complete certain educational programs or exercise programs or
these sorts of things.
These types of programs will be provided at lunch hour or after
hours. They will not inte.rfere with the employee's workday, yet if an
employee chooses to participate in these things -- we have one right
now called go for gold? Go Gold. That's an example of it. And if an
employee completes those types of programs, we will reward them for
doing that, and that's to promote the other things that we want to
promote.
And we're going to make a commitment to our employees for the
next two- and three-year period. We're going to hold employee
contributions stable through 2010, so '09 and '10. We will hold those
employee contributions where they are now. And in terms of plan
design, we're going to make a commitment to hold the plan design
stable through 2011.
One of the things that Mr. Mudd has impressed upon me is he
does not like changes to the health plan, and I understand that. And so
we have made a commitment to hold that. And so those are the
commitments that we're making with regard to our employees.
Page 139
September 23, 2008
So then it begs the question, well, what happens in 201 O? 2009
is really what I would call a year when we find out what we have
because there will be a lot of data gathered from the testing and
everything that will be done that tell us kind of what the health of our
group is. And frankly, there will be a lot of three- and five-year
planning that happens as a result of that programmatically.
But in 2010, what will happen is the qualifiers will become
totally age-based. We will not put everybody through the initial
testing like we are doing in the first year. They just become age-based
at that point.
So if you're a 25-year old male and you have your testing done,
you're not going to do this again for five years. There's no need to. It
doesn't make sense to do that; however, if you're 50, you're going to
have it done more often. So it is age and gender based. It's in line
with the American Academy's guidelines.
In terms of dependents, right now we're looking to roll this plan
out to spouses either in 2010 or 2011. The only reason I'm a little
hesitant on this is because it's going to take me until about April of
2009 to figure out what our resource needs are. And I want to make
sure if we roll it out to spouses, we've got the resources to support it.
The logistics are totally different with spouses than they are with
employees. Employees are a captured audience. Spouses are out there
in the community. And so we've got to figure out how to address
them, but we do want to roll spouses in there.
The other thing that we're looking at is called a lipid qualifier.
You know, lipid's a very important issue with regard to health, and
what we want to do is develop a qualifier based on what's called a
Framingham study guidelines, which essentially would determine
whether a person has, you know, high chronic lipid -- the high lipids
and that sort of thing and develop programs around that. But it's going
to take us time to develop that program.
In June 26 of 2008, we held some employee focus groups. We
Page 140
September 23,2008
randomly pulled about 200 employees. They can -- from the
constitutional officers as well as the board employees. They all
participated. It was conducted by the Willis Group, and they talked to
those employees about the plan to gather from them what their
concerns were and how we could make it work more effectively for
them.
Essentially they told us four things. They were concerned about
privacy. They don't want their personal health information being
shared with a county staffmember, which makes total sense. So to
assure that, we outsourced the advocacy part of this to Community
Health Partners under what we call a business associate agreement
under HIP AA, which means that if I walk across the hall and I ask
them about a certain person, they cannot tell me that information. I
wouldn't ask anyway, but they cannot tell me that information.
The other issue is that CHP will utilize non-county IT
infrastructure. In other words, they won't even be tied into our
computer systems. Systems are totally separate. So if an employee
goes to see an advocate, everything will be protected and private.
Terms of the physician relationship; they were concerned that we
would take their physician relationship away. That is not going to
happen. In fact, we want them to utilize their physician, but we want
to manage the screening process so that we make sure that they're
getting the screenings when they need them.
They were concerned about logistics and resources. And one of
our goals with this is to try to reduce as much as possible the time that
an employee will be away from their desk. That's the reason that
when we hire Quest Diagnostics, they're going to come on site. So,
for example, if we hold a lab draw down here, it will only take about
15 or 20 minutes to go down, then you're back to work, and it will be
close to the employee's work site.
Quest also has a number of stand-alone sites in Collier and Lee
County, and an employee could go to those as well, and they could
Page 141
September 23, 2008
also come to our med center and get it done.
We also want to make sure that we have enough advocates and
resource people to handle the workload. And in simplicity, we want
to try to make this as simple as possible for an employee to
understand.
This is a paradigm shift. This is a different way of thinking about
how health plans are selected. It's now going from what you pay to
what you do. We feel like that's an important factor in terms of
engaging employees and getting them to become more involved in
taking control of their health.
In May I went to the Board of Community Health Partners and
met with them regarding the program to elicit their response to this,
get their questions and concerns on the table.
I met with Dr. Gary Parsons, Dr. Greg Leach, and Dr. David
Greider. And by the way, these physicians meet with us every month
with our consortium group. Sometimes we've had as many as a half a
dozen physicians at the table.
We have found that when we work with physicians, rather than
point fingers at them and they point fingers at us, we can get a whole
lot more done.
I presented the program to them and they were in total full
support of the program. They feel like it's something that needs to be
done, and they have tasked Community Health Partners to work --
with working with us to make sure that we're successful with this.
CHAIRMAN HENNING: Mr. Walker, we're going to have to
take a break.
MR. WALKER: Okay. Sorry. And there's the letter of support.
Thank you.
CHAIRMAN HENNING: We're way, way beyond our break, so
let's take a 10-minute break.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
Page 142
September 23,2008
seats.
Mr. Chairman, Commissioners, you have a hot mike.
We were ending up Mr. Walker's presentation on 10C.
MR. WALKER: Yes. Just 30 seconds, and I appreciate your
patience.
Really the bottom line is this. It's important for us to identify and
control our catastrophic cases in order to control our healthcare costs,
and it's important for us to do that to improve the lives of our
employees and also to protect the taxpayer funds that go into this
program.
And so that's really what we're after. That's what we're trying to
get at, and we feel like this is a manageable way to do it.
I appreciate your patience, and I'll be glad to take questions.
CHAIRMAN HENNING: Commissioner Halas, Commissioner
Coletta.
COMMISSIONER HALAS: Yes, Jeff. You talk about chronic
cases. How are you going to administer with people that may have
drug-related problems or alcohol-related problems? How are you
going to address that? Because obviously those become chronic cases.
MR. WALKER: Yeah. We currently have an employee
assistance program that we have offered for years, and we also have a
chemical dependency benefit in the health plan. And what we will do
is to merge those programs to make sure that the advocate, if they
identify somebody with a dependency problem, that they get
treatment. And those -- that's the type of information that can come
out in a personal wellness profile. And so what will happen is is the
advocate will meet with that employee if they have an excessive
number of risk factors, or if there's something that comes up and will
assist them in making sure that they get the care that they need.
COMMISSIONER HALAS: And the last question I have is, do
we do random drug testing?
MR. WALKER: We do random drug testing for our
Page 143
September 23, 2008
safety-sensitive positions that require, for example, CDL licenses. We
have sought legal opinion from the County Attorney's Office on that
in the past, and there's a significant amount of case law out there that
seems to indicate -- and I'm not an attorney. I'm just telling you what's
been communicated -- that tells us that we cannot do random drug
testing on non-safety-sensitive positions.
COMMISSIONER HALAS: Ah, okay, thank you.
CHAIRMAN HENNING: Commissioner--
MR. WALKER: Oh, that's right. We also test for reasonable
suspicion. I'm sorry. I forgot that.
CHAIRMAN HENNING: Commissioner Coletta, Commissioner
Coyle.
COMMISSIONER COLETTA: Well, I referred to my
consultant on this, my wife of 45 years, who's been a registered nurse
for 46 years. And she was amazed at what you came up with, the
proactive plan rather than reactive. It will make a big difference in the
healthcare of the employees.
I mean, healthcare -- the reason we have health insurance is to be
able to not only make our employees' life more meaningful but to
extend their life expectancy. So by putting some of the responsibility
on them up front, it just makes total sense. I think it's a wonderful
direction to go.
However, with that said, I do have a question. Suppose someone
is fully committed and they go through everything and they meet all
the requirements, they get involved in all the different elements of it
according to their age group and they do have some problem that
develops, heart attack, major setback with their diabetes, any number
of events that could take place; what happens then? Do they get
kicked up to a different group?
MR. WALKER: Absolutely not. The provisions of the HIPAA
law require that it be based on participation and not outcome. In other
words, you cannot -- it is a discriminatory practice to penalize
Page 144
September 23, 2008
somebody of the basis of an outcome, in other words, they develop an
illness or so forth. You can't charge them more, that sort of thing.
The only thing that you can differentiate is whether they
participate or not, not what the outcome is.
And so the current state of the law as we understand it -- we've
had this reviewed by the County Attorney's Office, Mr. Teach looked
at this, we've had it reviewed by our benefits actuary and consulting
firm, and they both seem to be in agreement with that approach.
COMMISSIONER COLETTA: Then the other question I got is
related to new hirees. Can -- is it permissible to make a decision as far
as hiring a person based upon their health?
MR. WALKER: Well, I will tell you my opinion is -- and Mr.
Klatzkow, if you want to jump in here, that would be appreciated. I
think that -- what we do in terms of the hiring process now is that we
do a post-offer physical and that physical's measured against the job
requirements for that particular position, so there may be lifting
requirements, there may be some bending and kneeling and all these
other types of requirements.
We do an evaluation based upon that, and then a determination is
made whether or not they can comply with the position.
As a general rule for most positions, you really can't discriminate
in the hiring practice based upon, you know, the health factors of an
employee. We do pre-employment screenings, we do
pre-employment drug testing, we do all those things, and we do try to
make sure that the person is fit for the duty when we hire them.
COMMISSIONER COLETTA: Well, you have my support on
this program.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Let me tell you a story, and
there's a moral at the end of it. There was an old gentleman sitting in
the doctor's office that was crowded. The nurse sitting at her desk in
her office yells out the window, Mr. Smith, are you here for your
Page 145
September 23, 2008
prostate problem? Everybody in the place knows why he's there. He
says, no, I'm here for my sex change operation but I don't want the
same doctor that did yours. Now--
MR. WALKER: Sounds like a HIP AA violation.
COMMISSIONER COLETTA: I hope we don't get arrested
now.
COMMISSIONER COYLE: Now, the point is that when you
have a single point of service for healthcare and people who work
together go to that single point for service, they learn a lot about
health problems of other people just by being there.
And if you're going to subcontract with someone to be an
advocate for our employees, I would hope that you would insist upon
a higher degree of confidentiality than I encounter in any physician's
office I've ever been in. I've never seen one that is at all sensitive to
what is overheard during the discussions.
MR. WALKER: Commissioner Coyle, I think your -- your
comments are very, very well taken, and let me tell what you we're
going to do about that.
We have created office space in building D. When we created
that office space, we built it to HIP AA standards, meaning that we
built noise reduction technology into the office space. There are
individual offices so that if there needs to be a private conversation, it
will be private.
It is segregated away from my office or anybody else's office, so
really we won't even see people going in there unless it's by accident.
There should be no reason in the world why conversations that
take place within that section, that center for healthcare excellence that
we're going to set up, should become the business of anybody else.
And we're -- my commitment to you is, because I am the HIP AA
privacy officer for the county, is that we will do everything we
possibly can to prevent any violation of a privacy standard.
The other issue that we have talked about -- and Kathy J ardone
Page 146
September 23,2008
(phonetic), the chief operating officer of Community Health Partners
is here -- is we are -- we're going to have the advocate sign an
agreement with every employee that they meet with agreeing that they
will not violate their privacy.
In other words, there's going to be an agreement between the
advocate and that person that whatever they talk about, whatever help
that that advocate gives them will be between those two alone. It will
never be shared.
The third issue is, as I said, we will have a HIP AA privacy
agreement, and there are criminal and civil penalties under HIP AA for
violation of privacy standards. And I can assure you that we will do
everything we can to make sure the privacy is protected.
COMMISSIONER COYLE: I hope you do. I don't have an
opportunity, thankfully, to visit doctors' offices all that much, but I
have never ever seen one that exercises that much care. But I hope
you are able to do that.
Now, to get to one of my fundamental questions here. How do
you arrive at a cost benefit analysis for this program? You have to
make certain assumptions about how many people are going to
participate in the preventative care portion of the program in order to
determine if it is being cost effective. ,
So how do you -- how have you determined that and what data
do you have to back up your assumption?
MR. WALKER: Well, the simple way to measure -- to measure,
simply break even. Did it pay for itself, would be in the reduction of
the number of catastrophic losses. In other words, if we can get that
one quarter of 1 percent number down, that is the first indication of
.
savIngs.
We estimate that if we can reduce that number by two people
based upon our 2007 loss run, we've paid for the program. Just two
people.
COMMISSIONER COYLE: But you understand that that -- the
Page 147
September 23, 2008
numbers of people who experience those kinds of medical events will
vary from year to year based upon issues that have nothing to do with
the program.
MR. WALKER: It will.
COMMISSIONER COYLE: And so it's almost impossible to
measure it because of a variation of a few people from time to time.
It's -- it's a difficult way to measure anyway. But my concern
always is when we have a new benefit or a new program, how do we
measure its efficacy?
As an example, we have -- we're paying over $600,000 for
mental health treatment in coverage. Now, if that were restricted
specifically to members of the county commission, I'd understand why
it would be so high.
COMMISSIONER HALAS: Speak for yourself.
COMMISSIONER COYLE: I am, I am.
COMMISSIONER HALAS: Good. Don't speak for me.
COMMISSIONER COYLE: So I don't know how you measure
the effectiveness of that program either. And I'm wondering if there
isn't a better screening process.
MR. WALKER: Well, there are a number of benchmarks that
you have to look at in terms of whether the program is effective or not,
and I covered some of those in my presentation.
The financial ones really come in the form of what your claims
are and also what your reinsurance carrier tells you it's costing you for
reinsurance. That's a hard-dollar cost.
F or example, we knew we were going to have a lot of
catastrophic losses in 2007 . We changed our reinsurance program in
2007 to adjust to that. As a result, we paid about 800,000 in premium
and got back about a million six from the reinsurance carrier.
So what this does is it allows you to identify where your
problems are to adjust your reinsurance program ifnecessary, but to
also put resources after those things that are going to reduce costs.
Page 148
September 23, 2008
F or example, we had a meeting yesterday with a company called
A WAC (phonetic) who works for Maratane (phonetic), our third-party
administrator. They do -- they do strictly -- end-stage renal disease
care.
The comment they made to us is, if you have a person with a
stage six renal disease problem, you might as well write a check for a
million dollars. In fact, it's cheaper just to go ahead and schedule a
transplant than it is to do dialysis.
Right now we know -- this is what we know. We know we have
15 persons in end-stage renal, okay. Not all of them are stage six.
Some of them are earlier, but we know that the drivers that cause that
are diabetes, high blood pressure and other underlying factors that -- if
we would -- had been doing this, perhaps, five years ago, maybe we
could have reduced that number of folks.
So it's a little bit difficult to actually produce cost benefit or
determine these things until you actually have been able to identify
within your population what you got.
And right now what we've got is totally reactive. In other words,
it comes to us after the train wreck has happened really. We're trying
to get ahead of that with this process so that we take those catastrophic
dollars and invest them in preventative care, which is a lot cheaper.
It's difficult right now for me to quantity that other than to say
that I am confident that we can reduce our catastrophic cases by at
least 25 percent based upon 2007 numbers. I think that's an easy
number. I think we break even.
But I think it's going to have an underlying improvement in terms
of the folks who are not catastrophic losses. If we can get blood
pressure down, if we can get diabetes under control, you're going to
have less presentism and absenteeism. You're going to have people at
work. There's a lot of underlying factors that, frankly, once we go
through the identification process, we'll be able to measure, and then
from year to year determine whether we're meeting our goals.
Page 149
September 23, 2008
COMMISSIONER COYLE: My final comment and question is
-- relates to your comment about the fact that physicians are not really
very good about treating patients before catastrophic illness but they
are good at doing it afterwards. I think that probably is a simplistic
statement. The greatest contributor to catastrophic illness is a
noncompliant patient.
MR. WALKER: I agree.
COMMISSIONER COYLE: And the -- the thing that seems to
be missing here is that we have no way to require our employees to be
compliant with the programs that we've established for them.
Is there any way that we can legally and fairly make continued
coverage and employment contingent upon participation in a wellness
program?
MR. WALKER: I do not believe that you can make continued
coverage or employment an issue. I think that would be
discriminatory. I'm not a lawyer, okay; it's just my opinion.
MR. KLATZKOW: You can't do it.
MR. WALKER: However, however -- .
COMMISSIONER COYLE: Cannot?
MR. KLATZKOW: You can't do it.
COMMISSIONER COYLE: Okay.
MR. WALKER: However, the way this plan is designed, if an
employee chooses not to be compliant, do the screenings, those sorts
of things, they will fall back to a lower benefit plan. In other words, if
an employee says, I'm just not going to do this, they're going to go to a
high deductible plan. And if they become ill, they're going to share
more of that cost. That's the carrot and stick of the approach.
COMMISSIONER COYLE: It's not a -- there's not a lifetime
cap or deductible? It will be an annual deductible?
MR. WALKER: There is a lifetime cap on benefits, yes. There's
a $2 million benefit cap.
COMMISSIONER COYLE: I'm talking about the employee's
Page 150
September 23, 2008
contribution.
MR. WALKER: No.
COMMISSIONER COYLE: There's no cap?
MR. WALKER: No.
MR. MUDD: It's annual based on their participation.
COMMISSIONER COYLE: Okay. So if someone is
noncompliant, they will fall back into this more basic program --
MR. WALKER: Exactly right.
COMMISSIONER COYLE: -- and their co-insurance and/or
deductibles --
MR. WALKER: Go way up.
COMMISSIONER COYLE: -- will go way up and they will
continue to go -- I mean, they will incur those same expenses year
after year.
MR. WALKER: Until they decide to become compliant.
COMMISSIONER COYLE: Until they decide to become
compliant. Well, I would think that would be a reasonable incentive
to do that. Okay. Good. Thank you very much.
MR. WALKER: You're welcome.
CHAIRMAN HENNING: Jeff, this is not an action item, what I
read here.
MR. WALKER: No. I mean, we would -- we appreciate your
support and we would ask for your support with the program.
Again, I'm not asking for an action on the part of the board at this
point.
CHAIRMAN HENNING: You know, I have questions too, and
MR. WALKER: Okay.
CHAIRMAN HENNING: But we have a full agenda, I'd rather
email those questions to you.
MR. MUDD: Yes, sir. You know, I just wanted to -- we're
getting out with the employees and we're talking to them. I just want
Page 151
September 23, 2008
to make sure we gave you the benefit of the doubt to take a look at the
plan, and if you thought it was a train wreck, okay, what we were
trying to do, then you need to, you know, kind of tell us you think it is.
Now, this has got more active participation by employees than
the one we have right now. We understand that. But I also know
when our underwriter Willis came in and told me that our rates were
going to go up 15 percent this year and they were going to go 15
percent again next year and 15 percent the next year and the next year
after that, I said, time out. What are you talking about?
He says, well, your basic plan, you're either going to have to raise
your deductible to the point in time that everybody's going to hate it to
reduce your particular costs -- I said, there's got to be a better way. I
said, we've really started to work on wellness. We've got a clinic in
the particular county, and people are using it. We're holding down our
costs, we're holding down workers' compensation losses, and it's
starting to catch on.
We don't have everybody's participation, and we have a few that
are driving -- 27 that are driving your particular program up by 25
percent on those costs. And that's what Jeff and I have been trying to
get at so that we can hopefully get those folks so they can retire some
day healthy, okay, and not be sickly.
And I don't believe -- and I believe this program will help us
along in that regards. Now, when Willis brought up the plan, we got
to the point in time that says, with the plan we can hold those
increases down to a bare minimum, okay, and not drive the cost to the
taxpayers up.
So that was the whole reason we did what we -- when it came to
me, that's the reason we went for the change.
CHAIRMAN HENNING: Okay. My question is, it says here,
no official action is required by the board at this time; is that true?
MR. WALKER: That's correct.
CHAIRMAN HENNING: Okay. So I could ask my questions
Page 152
September 23, 2008
later on?
MR. MUDD: Yes, sir.
CHAIRMAN HENNING: And if you would send the
presentation to me, I would --
MR. WALKER: I would be happy to do that.
CHAIRMAN HENNING: Thank you. Commissioner Halas?
COMMISSIONER HALAS: Yeah, just one quick question.
Obviously there's been other groups or -- that have got involved in this
program. And has it been successful?
MR. WALKER: The primary one that we have looked at is
Manatee County, and they have had a significant reduction in terms of
their cost. Frankly, their cost structure -- and you can't compare it
apples to apples, but their cost structure is probably about 15 percent
less than ours. That's just a straight dollar cost.
Again, I want to be careful with that because it's not apples to --
they live in a different community; however, they have a set of
metrics that they measure -- and I'd be glad to send those to you -- that
basically address everything from the number of people with bariatric
surgery and how that's reduced, how high blood pressures have been
reduced, the various risk factors that they look at, and it's actually
quite amazing what they have done.
COMMISSIONER HALAS: But I mean even the private sector's
even getting involved.
MR. WALKER: Oh, absolutely.
COMMISSIONER HALAS: So there's data out there right now
in regards to the private sector or other government communities that
have been getting involved in this program, so --
MR. WALKER: Yes, sir.
COMMISSIONER HALAS: -- I think it's a great program. I
think it's a good start.
MR. WALKER: Thank you, sir.
CHAIRMAN HENNING: Do we have any speakers on this
Page 153
September 23, 2008
item?
MS. FILSON: No, sir.
Item #10D
A BUDGET AMENDMENT IN THE AMOUNT OF $2,002,600 TO
FUND 517, GROUP HEALTH AND LIFE INSURANCE, TO
RECOGNIZE THE RECEIPT OF REINSURANCE PROCEEDS
AND TO PAY ANTICIPATED CLAIMS EXPENSES FOR THE
REMAINDER OF FY 2008 - APPROVED
CHAIRMAN HENNING: Next budget is to recommend to
approve a budget amendment to the 51 7 group health and life
insurance in the amount of 2,002,600 to recognize the receipts and
reinsure proceeds and the anticipated claims expenses for the
remainder of fiscal year 2008.
COMMISSIONER COYLE: Motion to approve.
CHAIRMAN HENNING: Is this -- okay. We've got one motion
to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Second by Commissioner Fiala.
MR. WALKER: Thank you.
CHAIRMAN HENNING: Okay. All in favor of the motion,
signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
Page 154
September 23, 2008
CHAIRMAN HENNING: Motion carries unanimously.
Item #10E
PURCHASE OF LIABILITY, AUTOMOBILE, WORKERS'
COMPENSATION, FLOOD, AIRCRAFT, AND OTHER
INSURANCE AND RELATED SERVICES FOR FY 2009 IN THE
AMOUNT OF $1,867,006, A REDUCTION OF $391,644-
APPROVED
MR. MUDD: Commissioner, next item is to gain approval from
the Board of County Commissioners to purchase liability, automobile,
workers' compensation, flood, aircraft, and other insurance and related
services for FY-2009 in the amount of$I,867,006, a reduction of
$391,644.
And Mr. Jeff Walker, your risk management director--
COMMISSIONER HALAS: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Motion by Commissioner Halas to
approve staffs recommendation, second by Commissioner Coyle.
The only question I have, you know the great governor of the
State of Alaska sold the plane. Are we insuring a plane?
MR. WALKER: We insure the EMS helicopter.
CHAIRMAN HENNING: Oh, okay. We can't sell that.
COMMISSIONER COLETTA: True.
CHAIRMAN HENNING: All in favor of the motion, signify by
.
saYIng aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
Page 155
September 23, 2008
CHAIRMAN HENNING: Opposed?
(No response.)
MR. WALKER: Thank you.
Item #10F
RESOLUTION 2008-292: A SUPERSEDING RESOLUTION
AUTHORIZING THE ACQUISITION BY CONDEMNATION, IF
NECESSARY, OF FEE SIMPLE AND EASEMENT INTERESTS
IN CERTAIN TRACTS OF LAND IN GOLDEN GATE ESTATES
NECESSARY FOR THE CONSTRUCTION OF BOAT RAMPS
AND STORMWATER RETENTION AND TREATMENT PONDS
REQUIRED FOR THE EXPANSION OF GOLDEN GATE
BOULEVARD FROM WEST OF WILSON BOULEVARD TO
DESOTO BOULEVARD. (PROJECT NO. 60040) ESTIMATED
FISCAL IMPACT: $2~941~632.00 - ADOPTED
MR. MUDD: Commissioner, the next item is 10F. It's a
recommendation to adopt a superseding resolution authorizing the
acquisition by condemnation, if necessary, a fee simple and easement
interest in certain tracts of land in Golden Gate Estates necessary for
the construction of boat ramps and stormwater retention and treatment
ponds required for the expansion of the Golden Gate Boulevard from
west of Wilson Boulevard to DeSoto Boulevard, proj ect number
60040, estimated fiscal impact $2,941,632.
Mr. Kevin Hendricks, your real estate guru, okay, for
transportation services division, will present.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER COLETTA: Motion to approve.
CHAIRMAN HENNING: Motion by Commissioner Coyle,
second by Commissioner Coletta to approve the item, staffs
recommendation.
Page 156
September 23, 2008
I have questions, too, but let me go to my colleague,
Commissioner Halas.
COMMISSIONER HALAS: Is this for the amount of money
that we're paying for this -- and maybe you can give me some insight
in regards to providing a boat launch or something for Great Cypress
(sic) basin. Is this cost effective?
MR. HENDRICKS: I'm not sure I know how to answer that. It's
a permit requirement. They've asked us to put a boat ramp so they can
launch maintenance vehicles --
COMMISSIONER HALAS: But my it's understanding there's
four separate ramp (sic) launches, isn't there.
MR. HENDRICKS: There are three.
COMMISSIONER HALAS: Three?
MR. HENDRICKS: Uh-huh.
COMMISSIONER HALAS: Oh, well, they cut it down then
from what I understood.
So I'm just asking if this is cost effective for the taxpayers. I
mean, why can't they put the boat launch in since they need it?
MR. FEDER: Commissioner, for the record, Norman Feder,
Transportation Administrator.
The three parcels added do increase the cost of the acquisition of
these retention areas. Actually the 2.9 is down from the prior amount
that we brought to you in the first resolution basically because land
values are down, but it does have three parcels relative to these boat
ramps.
By agreement, they took over the primary system of canals in the
county. It did have a provision that generally we provide them access
to maintain, but it didn't get into anything specific about us having to
go in and build boat ramps. That is a permit condition that they've
placed upon us and it's something we have to address as part of our
permit.
COMMISSIONER HALAS: But they're going -- they're going
Page 157
September 23, 2008
to build them then themselves and we're just getting it permitted?
MR. FEDER: It's part of our construction plans to provide an
area where they can get a boat in to maintain the canal.
COMMISSIONER HALAS: Okay.
CHAIRMAN HENNING: I want to ask -- I'm not sure if I want
to ask (sic) any statements, but I'm mad as hell. How can government
demand through a permit boat ramps that is not in the agreement? It
doesn't say in the agreement that the county will construct boat ramps.
And by the way, what they're going to do with these boat ramps
is put a rope over them so the general public can't use them.
And I'm going to vote for the motion but, I mean, this is an
exaction of government like you wouldn't believe. And, you know,
you heard me say this before up here, whether we're considering an
item or that, but this is not in the public's benefit. It's in the public's
benefit to a taxpaying -- no, a tax sucking district to benefit what they
do, and we get to pay for that, and that is wrong.
I mean, that definitely is a -- definitely a Nollan versus California
yada, yada, yada. And I want to do something about that.
COMMISSIONER COYLE: What was that last name, that last
name?
COMMISSIONER FIALA: Yada, yada, yada.
COMMISSIONER HALAS: Yada.
CHAIRMAN HENNING: Yada, yada, yada. It was -- some
kind of government entity in the State of Florida demanded they
provide an easement for the general public to the beach, and there was
another one out in California on the west coast about providing a
drainage easement on somebody's property to get a permit. You can't
-- the Supreme Court says you can't do that.
And I think we need to move forward with this project, but I
think that we should challenge the district or make inquiries above the
permitting agencies of, how can you do this, legally do this?
Commissioner Coyle?
Page 158
September 23, 2008
COMMISSIONER COYLE: Suppose -- suppose we approve
this but then ask staff to pursue whatever measures are necessary to
make sure that the public has access to those boat ramps? They can't
require -- I mean, South Florida Water Management District can't
.
requIre --
COMMISSIONER HALAS: Big Cypress Basin.
COMMISSIONER COYLE: -- well, it's done in coordination
with Big Cypress Basin. But they cannot require us to make facilities
like that off limits to the public. I mean, they can say, we need access
for maintenance, and I can understand that. But if they have access to
maintenance, why doesn't the public have access?
CHAIRMAN HENNING: Well, my point is, is about exactions.
COMMISSIONER COYLE: Yes.
CHAIRMAN HENNING: That's my point.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And believe me, this has
been something we've looked into numerous times trying to get access
for the local canals, problem being is that they're water easements
going across private property, and you would have to have everyone
sign off that owns to the middle of the canal to be able to access it. I
know it sounds crazy, but the county doesn't own it.
But here's something I want you to think about. This is the same
agency that owes us 660 (sic) acres of land and promised you a boat
ramp. Where is it? Where's the boat ramp? Seven million dollars,
nine-million-dollar boat ramp.
CHAIRMAN HENNING: A public boat ramp.
COMMISSIONER COLETTA: Public boat ramp. Where is that
and where is our 640 acres?
MR. MUDD: Six hundred forty acres, sir, a square mile.
COMMISSIONER COLETTA: Six hundred forty acres. But,
meanwhile, we have to come across with a -- to pay the expense for
this particular thing.
Page 159
September 23, 2008
So you're right, Commissioner Henning, to be irritated by it.
CHAIRMAN HENNING: Yeah. And, you know, I thought
about that, but it really -- it's an ancillary issue. My concern is about
government exactions. And, you know, I think we need to move
forward, again, with this project, but I think we need to get -- talk with
the district, to their legal counsel.
MR. FEDER: Mr. Chairman, if I understand what the board's
direction is, I would try to work through the county manager with
your county attorney to question this requirement being placed upon
us.
COMMISSIONER COLETTA: If I --
CHAIRMAN HENNING: Well, I would really like Mr.
Klatzkow to take the lead on this.
MR. FEDER: Be happy to do that.
COMMISSIONER COLETTA: If I may?
CHAIRMAN HENNING: Yes, please.
COMMISSIONER COLETTA: Is it possible to have Mr.
Klatzkow also inquire as to where the money is for a boat ramp so that
we can put that into place, too? We have some opportunities that are
very unique right now. Promises made, promises kept. 1 expect them
to carry through.
MR. KLATZKOW: Yes, sir.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COLETTA: And remind Clarence Tears that
he never returned my call on the subject.
MR. KLATZKOW: Okay.
COMMISSIONER HALAS: Phone got disconnected.
COMMISSIONER COLETTA: Maybe they didn't pay the bill.
COMMISSIONER COYLE: While we're talking about promises
made, promises not kept, why don't we have Mr. Klatzkow inquire
into the hundreds of millions of dollars we were supposed to have
gotten as a result of the growth management bill a couple of years
Page 160
September 23, 2008
back that never showed up.
MR. KLA TZKOW: That's probably a little outside the scope of
the water district though.
CHAIRMAN HENNING: Okay. There's -- I think there's clear
direction and there's a motion and second to approve staffs
recommendations.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Motion carries, 4-1. Is there
something that I said that I offended you?
COMMISSIONER HALAS: No, it's just that I don't think we're
going to get any clarification on -- I don't think we're going to get any
clarification on why we have to build a boat access for the Great
Cypress (sic) when they got all the money, so that's where I stand on
this issue.
CHAIRMAN HENNING: Let -- yeah, let me forward you the
agreement. It might have a little more understanding. Thank you.
Item #10G
RESOLUTION 2008-293: A SUPERSEDING RESOLUTION
AUTHORIZING THE CONDEMNATION OF FEE SIMPLE
AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT
INTERESTS NECESSARY FOR THE CONSTRUCTION OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
REQUIRED FOR THE EXTENSION OF TREE FARM ROAD
FROM DAVILA STREET TO MASSEY STREET, AND
Page 161
September 23,2008
WOODCREST DRIVE FROM IMMOKALEE ROAD TO TREE
FARM ROAD. (PROJECT NO. 60171). ESTIMATED FISCAL
IMPACT: $1~200~OOO.OO - ADOPTED
MR. MUDD: Commissioner, that brings us to lOG. They're still
standing here. It's a recommendation to adopt a superseding
resolution authorizing a condemnation of fee simple and/or perpetual
or temporary easement interest necessary for the construction of
roadway, drainage, and utility improvements required for the
extension of Tree Farm Road and Davila Street to Massey Street and
Woodcrest Drive from Immokalee Road to Tree Farm Road, project
number 60171, estimated fiscal impact, $1,200,000.
And Mr. Kevin Hendricks, your Manager of Right-of-way
Acquisition for the Transportation Division, will present.
COMMISSIONER COYLE: Motion to approve.
CHAIRMAN HENNING: Motion by Commissioner Coyle,
second by Commissioner Henning, approve staffs recommendation.
Mr. -- is there anything we need to get on the record?
MR. HENDRICKS: No, sir.
CHAIRMAN HENNING: All those in favor of the motion,
signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
COMMISSIONER FIALA: I think we had a 3 o'clock time
certain, huh?
Page 162
September 23, 2008
Item #100
CONTRACT(S) #08-5060, "FIXED TERM LANDSCAPE
ARCHITECTURAL SERVICES" TO THE FOLLOWING FIRMS:
MCGEE & ASSOCIATES LANDSCAPE ARCHITECTURE;
URBAN GREEN STUDIO; GOETZ + STROPES LANDSCAPE
ARCHITECTS, INC.; JRL DESIGN; AND WINDHAM STUDIO,
INC. (ESTIMATED ANNUAL AMOUNT $350~000) - APPROVED
MR. MUDD: Yes, ma'am, there is a 3 o'clock time certain and
I'll-- and that is item 100 which used to be 16BI0, and that is a
recommendation to award contract 08-5060, fixed-term landscape
architectural services to the following firms: McGee & Associates
Landscape Architecture, Urban Green Studio, Goetz & Stropes
Landscape Architects, Inc., JRL Design, and Windham Studios, Inc.
Estimated annual amount is $350,000. This item was moved
from the consent to the regular agenda at Commissioner Fiala's
request.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Okay. I just had some concerns
with this item. Number one concern was that in previous years we
allowed more people to be a part of this contract. And in these tough
times, I was wondering if we would still be allowing them to possibly,
especially with some of our local people, they would -- you know, I
hate to see them eliminated when times are really tough.
The second thing is, it talks of an annual contract, but I
understand this contract is actually for four years, not just an annual
contract, but it really doesn't say that in here at all.
And number three, it says that each firm would then -- I guess
they move up in succession and they're the next one on the line, and I
have a problem with that, in that. And we have one guy sitting back
there. His name is Bob Slebodnik, and he's in the Lely Golf Estates
Page 163
September 23, 2008
area and -- that's what it's called, right, Lely Golf Estates, Bob?
And they use McFee & Associates all the time because that's who
they like to work with, and there's that certain type of architecture --
landscape architecture in that area. And I think Pelican Bay always
uses JRL, and that's the one they've wanted to use, and they feel
comfortable with that. They like the guy's design work.
If they had to wait until the next person is up, they might not get
it. Same with our landscaping on our medians. Say, for instance, one
landscaping firm is selected to do the first phrase of Immokalee Road,
and then the next one is up on the contract, and they have a
completely different design method than the last one. It doesn't -- it
doesn't go for a smooth landscaping scene. I don't know what else to
-- what other word to use for that.
But it's kind of like a dentist. You know, the dentist specializes
in this and you don't go to a periodontist for dentist work. Well, same
with this. Some landscape architects might specialize in one type of
architecture, whereas others in another.
And so I would -- I would suggest that whatever department that
we have in Collier County who is in need of a landscape architect
would have a list presented to them and they can choose from that list
as long as everybody is under the same agreement, you know.
And so those were my three concerns is that maybe somebody--
maybe a couple more could be added that had been on the list before
and maybe omitted, that it's stated so that clearly all of us
commissioners understand that this is a four-year contract. It doesn't
just affect companies for one year.
And thirdly, that people using this service can select the firm that
they want to within our county government.
MR. CARNELL: Mr. Chairman, if I could address the question.
Steve Carnell, Purchasing General Services Director.
To understand the staff recommendation, we need to understand
that we are doing this in the context of your adopted purchasing
Page 164
September 23, 2008
policy, and we are attempting to align this contract and get it
consistent with our other fixed-term professional services agreements,
of which we have several, for engineering, architectural, survey, and
landscape architect services.
And when I say align, I mean a couple of things. One, we have
been rotating work as a general rule now for about a year and a half.
And when I say rotation, I don't mean a brainless robotic rotation. I
mean a rotation process where we move from firm to firm in a set
order but we allow for exceptions where warranted or justified.
We've been doing that very successfully on a number of our
architectural engineering contracts, and it's really done to combat
some complaints that my office has received from time to time with
regard to firms putting out a great deal of effort, time, and expense to
compete on a contract and not be -- or be selected and then get no
work.
It's also done to keep my job because our county manager has a
very strong pet peeve about this. He gives me his periodic hollow
contract lecture where he tells me that he does not -- he understands
the cost of soliciting business and he doesn't want people getting
booby prizes where we give out awards to everybody and their sister
on these types of contracts, and then we never call three-quarters of
you and even give you a chance to pursue work. So we want to be
credible as best we can in how we distribute the work.
Now, with regard to the number of firms awarded; the last time
this contract went out in 2004 -- and by the way, let me hit another
,point quickly. It is a one-year contract but, again, it's in the context of
your purchasing policy.
There is a -- in your policy you give the staff the discretion to
renew contracts for up to three additional years on a one-year basis. .
So it's really four one-year contract opportunities.
Each year it's reviewed, each year the contracts are renewed. On
occasion they're rebid rather than being renewed if circumstances
Page 165
September 23, 2008
warrant. But it is one-year contract with three renewal options.
Now, I mentioned the hollow contracting concern. The other
thing that we're trying to look at here is that we are expending public
dollars. And I recognize that in some cases these public dollars are
MSTU dollars. And people that serve and are active in your MSTU
boards are very protective of that money, and I understand. They
understand it to be their tax money, and it certainly is. But I think it
still falls under the same policies of how you expend any public
money, which is, there needs to be a sense of fairness and openness in
the competitive process.
And in our experience with this contract an inordinate amount of
work has gone into a very few number of firms over the years. And
my staff -- if I could step outside this contract, we've seen this a little
bit in some other contracts, and that's why about a year, year and a
half ago we started rotating the contracts, again, with some provision
for exemption or exception to the rotation where circumstances
warranted, and we intended to do the same thing here.
In a couple of cases, some of your MSTUs have never used any
but one landscape architect for really hardly any of their services.
And we like to prevail and convince them that they need to look a
little broader when they're spending public dollars and there needs to
be some opportunity at some time for somebody else to have a shot at
their business.
Now, just -- we're not going to resolve all of that issue today, but
Commissioner Fiala, I mean, I appreciate you raising it because we do
intend to follow up with each MSTU board. We've had some initial
discussion with them through the transportation staff, but the MS TU s
have not had the benefit of hearing from my staff.
And what I promise you that we will do is we will meet with
each one of them as soon as we can. I think we're targeting October
meetings to get out and talk to them about this contract.
And what we'll attempt to do is reach some general criteria and
Page 166
September 23, 2008
understanding of the idea of asking them to follow the rotation but
giving them some criteria and boundaries where they can seek some
exceptions if they think they're warranted.
You gave a couple of examples where, in certain circumstances,
that might -- it might be warranted to use a specific firm for a specific
purpose.
So I promise you we will be open to that and we'll work with the
MS TV s and the transportation staff to manage the circumstances as
warranted.
The last thing about the number of firms; in the 2004 competitive
process, we selected eight firms. As it played out over the last four
years, we've expended about $1.4 million in fees to these landscape
firms.
In looking forward -- and you all know what we just went
through last week and three weeks ago with your budget process. You
have radically reduced your capital budgets starting next year, and that
includes your landscape capital budgets, particularly new projects,
new medians, new construction for landscaping.
And I think it -- I think your staff feels it's a little disingenuous --
back to my hollow contract comment -- to hire up eight firms and tell
them to expect similar activity or opportunities coming up in the
.
comIng year.
Right now our projection is that we would be expending -- and
I'm only talking about the first year of the contract based on the new
budget year -- that we'd be spending less than $200,000 a year.
Probably in the neighborhood of 170-, $180,000.
Now, if you go back to what I said a moment ago, 1.4 million
over four years, do the math, that's about 350,000 a year. Do the
math, what I just said, 350- versus 170-; we're cutting the work in half
essentially.
What you're going to have is primarily maintenance work with
some sporadic small projects that come up from time to time, and
Page 167
September 23, 2008
that's a much different picture than what we've had. Typically Ms.
Lulich has been administering one or two major design projects and
new installations, sometimes more, in a given year. This year that's all
gone, at least for FY-'09. Don't know what FY-'10 or beyond holds
with that.
But we really don't believe we can justify hiring seven or eight
firms. We feel like that's a little misleading. Five is arguably a little
bit of a stretch if you look at the volume of activity. But we believe if
we use the rotation method, make some exception where
circumstances warrant, that we can manage this process, that we can
give all firms a chance for some business. I'm not saying it will be
even Steven all the dollars, not trying to get it that even.
But the idea is just give everybody some kind of reasonable
chance to get some work as they go.
We think all five of these firms are very strong. They can all do
good work. They can handle the bulk of the projects, and so that's the
approach and that's the basis for the staff recommendation. I hope that
addresses your questions.
COMMISSIONER FIALA: Yes. But one more thing. You
mentioned MSTVs. Now, say, for instance, Pam is dealing with
Immokalee Road and they're going to do it in three phases and Pam
has selected the first firm, whomever it is, doesn't make any
difference, and it goes in and it's beautiful. Can she then -- she's not
an MS TV, but can she still use that same firm then for Phase II the
next year and Phase III the following year, or does she have to take
somebody in rotation because she's not an MSTV?
MR. CARNELL: Well, I'm going to tell you now that your
crotchety purchasing staff is going to start her with a rotation
approach. And the reason being is that when you purchase design
services, you ultimately get a full deliverable. I mean, you get a fully
delivered design. Any licensed landscape architect should be able to
follow that design as it carries over to another phase, if there is any
Page 168
September 23, 2008
linkage between the first and second phase. There may be, as you
said. There may be some aesthetic aspects to where you've got to be
consistent.
Well, our -- if you followed the logic that the same guy who
designed it originally has to be involved in every single phase, we'd be
exempting all kinds of stuff around here. I mean, we'd have so little
competition because we have so much phased work, not just in the
landscape area.
So I'll just tell you, our point of departure would be to question
Pam and to just -- have her justify why there needs to be linkage.
Again, I would tell you, we'll leave the door open to the
possibility that there will be instances when something is --
particularly when something's specialized, very unique type of design
maybe where that would be warranted. We would be open at that
point to going with the firm that has the history, so to speak, and the
specialty knowledge.
But we think, for the most part, any of the five firms are going to
be able to handle most of the engagements under this contract.
CHAIRMAN HENNING: Okay?
COMMISSIONER FIALA: Yes. So I think you've answered my
question that --
CHAIRMAN HENNING: Well, I think you need to ask Pam
Lulich --
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: -- how she's going to deal with that
particular issue --
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: -- because it really wasn't addressed.
MS. LULICH: Pam Lulich, Landscape Operations Manager. It's
going to take more in-house review of the work and, you know,
probably back to basics. We'll have one project each year, so we'll
meet with the various developments, get their input and, you know,
Page 169
September 23, 2008
just make sure that everything's covered in the design. So that's how I
would handle it.
And, you know, I think we have some very good firms. I think
we're fine. Okay, thank you.
CHAIRMAN HENNING: Was there a question--
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: We have two public speakers. We go
to those now, please.
MS. FILSON: Robert Slebodnik. He'll be followed by Gail
Boorman.
MR. SLEBODNIK: Good afternoon. My name is Robert
Slebodnik, and I reside at 32 Pebble Beach Boulevard in Lely Golf
Estates. I have served on the Lely MSTU Advisory Board for 10
years, and at the present time, I'm the chairman and have held this
position for eight years.
During our July board meeting, we were informed that the county
was considering a new policy for awarding landscape architectural
services, and the contracts were to be awarded on a, I was told, a
yearly rotation basis from several firms, and now I'm hearing it's a
four-year commitment.
We were also informed that some of the purchasing department __
someone from the purchasing department would come out to speak to
us and inform us what was happening.
To this day, no one from purchasing has appeared to explain the
new plan and communicate with us. An advisory board can't function
if it doesn't have all the facts.
We have been in existence as an MSTUfor 20 years and for all
of those 20 years we have had McGee & Associates as our landscape
architectural firm. Mike's design work is excellent with respect to
plantings, irrigation, and drainage; furthermore, his office is located
about 100 yards from the western boundary of our MS TU.a
Page 170
September 23, 2008
I just hope that when this whole process occurs that the MSTUs
have a lot of opportunity for input. We have a very good firm now
and we're happy with his services. He provides top-notch landscape
services and has been doing so for 20 years. Why should we, for
example, settle for a firm who may be out in Bonita Beach or some
distant place when we can deal with somebody in our own back yard?
We are in the fourth year of our major rentification (sic) __
renovation project in Lely Golf Estates and would like to retain the
services of Mr. McGee.
We ran into a situation where his contract was expiring
September 28th. Now, our board meeting was September the 18th.
Our board passed them -- hearing nothing from the purchasing
department, our board passed a motion unanimously that his services
be maintained for at least one more year for maintaining continuity
and finishing our projects, and we hope that that will happen. I thank
you for your attention.
CHAIRMAN HENNING: Thank you.
MS. FILSON: Your next speaker's Gail Boorman.
MS. BOORMAN: Good afternoon. My name is Gail Boorman.
I'm a landscape architect and have been such in Collier County for the
past 30 years. We are celebrating our 30th anniversary this year.
And over those 30 years, we have performed many consulting
services through the continuing services contract for the county.
I won't bore you with a great long list. It is a lengthy list. But as
recently as last year we completed the installation of the streetscape on
Goodlette-Frank Road down to Golden Gate Parkway.
You've probably noticed that we're not on the list, and we don't
understand that. I understand that there's a ranking procedure, but
when you're number six on a list where only five will be awarded,
that's a pretty bitter pill to swallow.
My firm has -- employs and has always employed residents of
Collier County, taxpaying residents of Collier County. And I will say
Page 171
September 23, 2008
that county work comprises a significant and pride portion of our
portfolio. Your work is important to us.
We have been awarded similar contracts in other municipalities,
and the expectation is, you may get work, you may not. I mean, it's
your risk if you want to pursue this.
It's really about opportunity. What the continuing services
contract affords small firms is the ability to do small projects
efficiently for the county. You don't have to go through the RFP
every single time you want a small job done. A small job that we are
tailor-made to perform for the county is limited in scope. It's
landscape architecture. Typically the amounts that we're awarded
through out contracts are 10- to $50,000.
So while that might not seem like very much to the purchasing
department, it's the lifeblood of small firms like mine.
So I would ask you to reconsider the policy that you're pursuing
because basically you're taking away opportunities for qualified
people in the county to do the work that they have been faithfully
performing for you for a long number of years.
I have no problem with your awarding the same contract to
anybody else that you wish to, but please don't do that at our expense.
Thank you.
MS. FILSON: That's your final speaker, Mr. Chairman.
CHAIRMAN HENNING: Okay. Commissioner Coyle, is --
your motion stand?
COMMISSIONER COYLE: Yeah, the motion still stands. I
guess I would like to get some indication from staff as to why they
decided to cut off at five.
CHAIRMAN HENNING: Commissioner Coyle -- or Halas,
does your second stand?
COMMISSIONER HALAS: Yes.
MR. CARNELL: All right. A couple, again, things to keep in
context, the deliberations on this recommendation were all done in the
Page 172
September 23, 2008
sunshine by the selection committee, and it goes back to what I said to
you a moment ago.
Secondly, Ms. Boorman's firm was ranked seventh, not sixth.
We need to keep that correct. WilsonMiller is the sixth ranking firm.
MS. BOORMAN: That's not what I have on my sheet.
MR. CARNELL: The -- with regard to the selection process, it
goes back to what I said a moment ago. We were -- we have passed
1.4 million dollars worth of work over eight firms. One firm has
gotten two-thirds of the dollars. That would be McGee & Associates
in the last four years. We think that's disproportionately high.
We are now looking at, based on what we know today about the
next four budget years -- and we don't know as much, obviously,
about the out years in that window. But based on what we know
today, if we go back to what I said, we're looking at a reduction of
about 50 percent in expenditures.
So let's just say $700,000 might be spent over four years. If
we're doing that over seven or eight firms, you're now talking about
80- to $90,000 over four years, and you're now talking about a broader
rotation list, you're talking about starting to lose economies of scale
and consistency with relationships in terms of firms being able to
work, able to show their work in some meaningful way, and you're
really diluting the pool of dollars available to firms.
Five was actually -- again, if you go back to the scale a moment
ago, 1.4 million. If you're cutting in half, that's arguably three or four
firms.
We went with five. Didn't follow a strict mathematical ratio, but
we tried to create enough firms to where there'd be enough
opportunity to be attractive to those firms while not creating, again,
the hollow contract problem.
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: County Manager, is there any way an
Page 1 73
September 23, 2008
MSTU that are taxing themselves, they petition the board, would it be
considered? Does the board have some latitude to consider their
choice of firms?
MR. MUDD: Yes, sir. And I think Steve basically said that the
gentleman that was just here, Mr. Slebodnik -- I hope I pronounced it
correctly -- basically gave you a pretty good reason. You've got a
four-year plan.
CHAIRMAN HENNING: Right.
MR. MUDD: They've been into it for three years, they've
developed a relationship with their -- this landscape firm, architect,
designer.
CHAIRMAN HENNING: Well, you've answer my question.
MR. MUDD: Yeah. And my answer is, they submit that, they've
got a board recommendation, staff will consider it.
If staff doesn't believe it's strong enough, no doubt in my mind
Mr. Slebodnik will be back here right at that podium or this one telling
you that that's not what their MSTU wants and it will be the board's
decision at that particular juncture.
CHAIRMAN HENNING: Okay, good.
Any further questions? Commissioner Fiala?
COMMISSIONER FIALA: Yes. And so right now you feel that
we cannot add any more to this agreement? Can that be -- say, for
instance, in another year, we -- because this is right now an annual and
it's coming up for renewal in another year, right?
MR. CARNELL: Correct.
COMMISSIONER FIALA: Say, for instance, we find that we
have a lot of work to do. Can we adjust that to maybe add some more
like our local people who depend on government work in order to
survive?
MR. CARNELL: Yes, we could, and actually have done that if
you go back a few years --
COMMISSIONER FIALA: Okay.
Page 174
September 23, 2008
MR. CARNELL: -- in that type of circumstance.
COMMISSIONER FIALA: Okay. So we'll get another bite at
this apple in a year?
MR. CARNELL: Staff will reevaluate it and we'll renew the
contract if warranted or put it back out for competition if need be.
COMMISSIONER FIALA: Thank you.
CHAIRMAN HENNING: Okay. Any further discussions?
(No response.)
CHAIRMAN HENNING: Seeing none all, in favor of the
motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #10H
AN AGREEMENT FOR SALE AND PURCHASE WITH
MA TTHEW VAN CLEAVE FOR 38.72 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $2,971,600 - APPROVED
MR. MUDD: Commissioner, the next item is 10H, and that's a
recommendation to approve an agreement for sale and purchase with
Matthew Van Cleave for 38.17 acres under the Conservation Collier
Land Acquisition Program at a cost not to exceed $2,971,600.
Ms. Alex Sulecki, your Senior Environmental Specialist for
Admin. Services Division, will present.
Page 175
September 23, 2008
CHAIRMAN HENNING: Boy, that's a lot of money.
MS. SULECKI: Good afternoon, Commissioners, Mr.
Chairman.
F or the record, my name is Alex Sulecki. I'm the Coordinator of
your Conservation Collier Program.
And I'm here today on a piece of property -- this is the final
approval for the contract for the Van Cleave property.
This is part of a larger group called the Rivers Road project. The
other properties here, Maloney, Cangialosi, and Stirns were approved
on your consent agenda this morning. The Van Cleave property is on
your regular agenda because of its value, over $1 million.
Nine parcels collectively known as the Rivers Road properties
were nominated by their owners to Conservation Collier fifth
acquisition cycle. You see on -- here on the left.
The Van Cleave parcels are in blue. Out of these nine, seven
were selected for Conservation Collier's cycle 5A list. These are the
red parcels. The purple was selected for the B list, and these include
the Van Cleave parcels. These parcels were recommended by your
Conservation Collier Committee in December, 2007. They were
approved on the A list by yourselves in January, 2008.
The Van Cleave parcels had an estimated value at that time of
2,273,000. We've had two appraisals done. The average of those,
according to purchase policy, the offer would be $2,942,800.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Could you show me or tell me
where Rivers Road is or anything? I was looking at the map in here
and on here --
MS. SULECKI: Next slide I'll show you a larger zoom-out so
you'll see.
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: By Creek Road.
COMMISSIONER FIALA: Where's Creek Road?
Page 176
September 23, 2008
MS. SULECKI: I'll just mention that we have four more
adjoining parcels for this project that were submitted. Actually the
Cosentino, the purple, were B lists from last cycle, but we've had three
more, the Devisse, Paganas and Stirns. Devisse, Paganas right here,
and Stirns nominated in this cycle. So there's a potential to make this
project even larger.
There's reasons for their nomination and for their approval, native
plant communities, wildlife, they're wetlands on them, and with --
with properties, location, location, location is really very important.
, And so I just wanted to point out some of the connections with
this location. And here, Commissioner Fiala, you see this is the Twin
Eagles Golf Course up here. It's out on Immokalee Road. And these
parcels connect not only with the old Florida Golf Club conservation
easement here, but also a wildlife corridor that was negotiated by
private entities and the landowner here.
And this corridor enables wildlife to go up underneath
Immokalee Road. You see a picture of the underpass here up through
the Twin Eagles Bird Rookery Swamp, Corkscrew Swamp, Stirns, and
60,000 acres held by the CREW Trust. We've seen in this area bear,
deer, other wildlife.
Another important thing about these parcels is the contribution to
the water resources. The surficial recharge map is mapped very high,
56 to 67-inches annually, and the lower Tamiami, which is our
drinking water aquifer, is one of the highest of any of our parcels in
Conservation Collier, and 21 to 102 inches annually, so it's very
significant for our water resources.
And then we have wildlife that's been observed on the property.
Here you see some of the wetlands. A little pop ash sloughs. Bears;
we've had a lot of photographs of bears submitted to us by the owner.
It's very difficult to see, but there's deer in there, and we've seen deer.
I've seen deer myself. Turkey down here in the right and, of course,
snakes. We want to avoid them.
Page 177
September 23, 2008
But we'd like to ask you today to approve the grant, to authorize
the chair to execute the agreement, to authorize payment and to
acquire these parcels.
COMMISSIONER FIALA: I'd like to make a motion to
approve.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Halas.
Discussions?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
.
saYIng aye.
COMMISSIONER COYLE: (Absent.)
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries 4-0.
MS. SULECKI: Thank you, Commissioners.
Item #101
AWARDING A CONSTRUCTION CONTRACT IN THE
AMOUNT OF $16,512,979.12 TO ASTALDI CONSTRUCTION
CORPORATION AND RESERVE $2,435,000.00 ON THE
PURCHASE ORDER FOR FUNDING ALLOWANCES, FOR BID
NO. 08-5106 - "SANTA BARBARA BOULEVARD EXTENSION
(RA TTLESNAKE HAMMOCK ROAD TO DAVIS
BOULEVARD", PROJECT NO. 60091, FISCAL IMPACT
$18,947,979.12 - APPROVED
Page 178
September 23, 2008
MR. MUDD: Commissioner, that brings us to our next agenda
item, which is to recommend award of a construction contract in the
amount of$16,512,979.12 to Astaldi Construction Corporation, and
reserve $2,435,000 on the purchase order for funding allowances for
bid number 08-5106, Santa Barbara Boulevard extension, Rattlesnake
Hammock Road to Davis Boulevard. Project number 60091. Fiscal
impact $18,947,979.12.
Mr. Norman Feder, your Transportation Services Administrator,
will present.
COMMISSIONER HALAS: Motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: Motion by Commissioner Halas to
approve, second by Commissioner Coletta.
COMMISSIONER HALAS: You have to put on the -- okay.
CHAIRMAN HENNING: We're not going to pay for things
twice, right?
MR. FEDER: No, we're not.
CHAIRMAN HENNING: Okay. Put it on the record.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: (Absent.)
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries 4-0.
MR. MUDD: Commissioner?
CHAIRMAN HENNING: We have a lot of residents in the
audience. I'm not sure what they're here for, and they've been here for
quite a while.
Page 179
September 23, 2008
MR. MUDD: Commissioner, I believe it's public comments.
CHAIRMAN HENNING: Public comments?
MR. MUDD: Yes, sir.
Item #10J
IMMOKALEE DISPOSAL TO EXPLAIN WHY IT BELIEVES
THE COUNTY SHOULD INCREASE THE RATES PAID TO
IMMOKALEE DISPOSAL FOR SOLID WASTE COLLECTION
SERVICES; (B) TO AUTHORIZE STAFF TO REQUEST
ADDITIONAL INFORMATION FROM IMMOKALEE DISPOSAL
AND TAKE ALL NECESSARY STEPS TO DETERMINE
WHETHER IMMOKALEE DISPOSAL'S PETITION SHOULD BE
GRANTED (IN WHOLE OR IN PART) OR DENIED; AND, (C)
ENSURE THAT ANY POTENTIAL RATE INCREASE WILL BE
REVIEWED AND APPROVED BY THE BOARD BEFORE THE
RATE INCREASE TAKES EFFECT - APPROVED
MR. MUDD: Next item is 10J, it's to provide an opportunity for
Immokalee Disposal to explain why it believes that the county should
increase the rates paid to Immokalee Disposal for the solid collection
services; B, to authorize staff to request additional information from
Immokalee Disposal, and take all necessary steps to determine
whether Immokalee Disposal's petition should be granted in whole or
in part or denied; and C, ensure that any potential rate increase will be
reviewed and approved by the board before the rate increase takes
effect.
CHAIRMAN HENNING: And you're recommending approval
to do so?
MR. MUDD: Yes, sir. We want basically to have them submit
the data, staff analyze it with Malcolm Pernie, our consultant, to see if
it's based on fact or fiction, so to speak, and then bring her back to the
Page 180
September 23, 2008
board and tell you what we should do with it.
CHAIRMAN HENNING: Is there a motion to approve?
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Motion by Commissioner Halas -- or
Coyle, seconded by Commissioner Halas.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I think everything's fine
with that. The only thing I'd like to see is somewheres along the line
that there's a meeting in Immokalee so that they can have a chance to
be able to review where everything is going, that that's a stipulation.
CHAIRMAN HENNING: Right. After staff analyzes the
recommendation, what their recommendation is going to be to the
Board of Commissioners; is that correct?
MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: That's correct. I don't think
you're probably going to have a large number of people turn out to the
meeting, but it's just one of those interfaces we need with the public.
MR. BELLONE: Yes, Commissioners. My name is Joe
Bellone, Manager of Utility Billing, Customer Service. We'll do a due
diligence, and as the board has directed -- has directed us to do. And
when we're -- we've got that report ready, we'll have a meeting in
Immokalee. We'll certainly invite you and any of the commissioners
that want to attend, and then we'll come back in a public meeting and
we'll make our recommendations at that time.
COMMISSIONER COLETTA: Thank you.
MR. BELLONE: Would you like to hear the proposal from Rob
Gratsy (phonetic) who's our operations manager for Immokalee
Disposal today?
CHAIRMAN HENNING: Yeah. Go ahead and send it to us.
MR. BELLONE: Okay. We can email it to you.
CHAIRMAN HENNING: All in favor of the motion, signify by
Page 181
September 23, 2008
.
saYIng aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #10K
A SUBRECIPIENT AGREEMENT PROVIDING FOR A
$1,104,000 HOUSING AND URBAN DEVELOPMENT (HUD)
GRANT TO HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC. FOR LAND PURCHASE AND/OR
FORECLOSED HOME ACQUISITION AND REHABILITATION
- APPROVED
MR. MUDD: Commissioner, the next item is 10K. It's a
recommendation for the Board of County Commissioners to approve
and authorize the chairman to sign a sub-recipient agreement
providing for $1,104,000 for housing and urban development, HUD,
grant to Habitat for Humanity of Collier County, Inc., land purchase
and/or foreclosure home acquisition and rehabilitation.
Ms. Marcy Krumbine, your Housing and Human Services
Director, will present.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER COLETTA: Motion to approve.
CHAIRMAN HENNING: Motion by Commissioner Coyle,
second by Commissioner Coletta.
Do we have speakers onthis item?
Page 182
September 23,2008
MS. FILSON: No, sir.
CHAIRMAN HENNING: All in favor of the motion, signify by
.
saYIngs aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: (Absent.)
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MS. FILSON: Is Commissioner Halas out?
CHAIRMAN HENNING: Yes.
MS. FILSON: So it's 4-0.
Item #10L
THE APPLICATION OF THE LOCAL VENDOR PREFERENCE
POLICY FOR PURCHASES BETWEEN $3,000-$50,000 -
APPROVED
MR. MUDD: Commissioner, the next item is 10L. It's to report
to the board -- report to the board regarding the application of the local
vendor preference policy for purchases between 3,000 and $50,000.
Mr. Steve Carnell, your Purchasing Director, will present. The
reason we're having this presentation is, when the board gave us
direction and the policy, the policy verbiage did not talk about the
3,000/$50,000 as the board directed us to do as an add-on, and we
want to make sure we're in keeping with the board's intent as far as the
direction is, concerned.
Mr. Carnell?
MR. CARNELL: Yep. And I'll, just in the interest, Mr.
Page 183
September 23, 2008
Chairman, of time, I'll keep it very short.
Your -- the purchases between 3,000 and $50,000 under your
policy are approved by my office. We have taken the local vendor
preference concept as written from the bid and RP process that you
adopted, implemented that immediately, and we now have to modify it
to apply to the smaller purchases in recognition of the business model
which we operate under.
The smaller purchases are much more decentralized. Using
departments typically contact the vendors themselves and get price
quotes from the vendors and then bring those quotes to purchasing in
order to obtain a purchase order.
There's about 2,000 of these transactions a year. It's really not
feasible -- at least I don't think it's a good idea at all-- to try to task 40
different departments with fiscal clerks and people whose specialty is
not procurement with obtaining a local vendor preference affidavit or
administering the local vendor preference process.
So what we've done instead is kind of taken a blended approach
here where we're going to allow vendors to sign up for local
preference on our website as opposed to having to fill out affidavits
each and every time, and then as the quotations come through, the
purchasing staff, before it issues the purchase order, will review for
the local vendor preference compliance, determine if any local vendor
falls within the price range of 10 percent and should be afforded an
opportunity to match the low-quote price that we've gotten from
somebody who may not be a local bidder, and we'll comply with the
policy intent in that manner.
And we're prepared to implement that with our department.
Today this is just an item reporting to you what we're doing with our
administrative procedure.
CHAIRMAN HENNING: Well, there is a recommendation to
approve staffs --
MR. CARNELL: Okay.
Page 184
September 23, 2008
CHAIRMAN HENNING: Yep. So I'll make that motion.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Second by Commissioner Coyle.
I do want to say, Mr. Carnell, I have spoken to a supermajority of
the county commissioners in Lee County. Two of them are very
excited about doing an interlocal agreement, and one of them told me
that they -- they'll probably change their policy to be more in tune to
ours. But whether that is -- that happens or not, like Mr. Carnell and I
had a conversation, the interlocal agreement can address those so it,
you know, fits the needs -- needs of everybody.
And Mr. Carnell's been working with me. I will send you some
information as soon as I get time to get it together. Thank you.
Commissioner Halas?
COMMISSIONER HALAS: Yes. Again, I have some concerns
on this local vendor agreement policy. I just hope that the end result is
that the taxpayers get the services at the lowest possible rate. And I
think that's what we're here for, to make sure that whenever there's
jobs bid out that it's at the lowest possible rate.
And if it happens to be the local vendor, I'm all for it. But if it's
for somebody outside the area and they can still deliver the service at
the lowest rate, that's where I stand with this thing. So I have some
concerns where we're going with this local vendor.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Two questions. How
much would this add to the cost of doing business?
MR. CARNELL: Well, it's going to add not necessarily
hard-dollar costs, Commissioners, because, again, the local bidder
who's given an opportunity to match a low price from an out-of-town
bidder, would have to equal that price, so we're paying no more than
we would have otherwise.
COMMISSIONER COLETTA: I mean personnel to be able to --
MR. CARNELL: Oh, personnel. We're going to do it with
Page 185
September 23, 2008
existing personal at this point.
COMMISSIONER COLETTA: And the other question I got is
the vast majority of purchases at this time and that particular span of
purchases, are they within the county now? Have you done some sort
of research?
MR. CARNELL: A majority are, but I don't have a hard number
in terms -- I could actually find that if that's important to you in terms
of --
COMMISSIONER COLETTA: Yeah. If it's 95 percent then all
this is just a waste of time.
MR. CARNELL: No, it's not that high.
MR. MUDD: But it's more like 40 -- I believe Commissioner
Henning brought it to your attention when the policy came through. It
was like 50 to 55 percent, ifmy memory is correct. Was it that high?
MR. CARNELL: That was all purchases, but not -- you're
talking about the 3,000 to 50,000. Yeah. That breakout, I don't have a
hard number for you. It's in that range though. It's in that range
though, in that -- probably in that 50 to 55.
CHAIRMAN HENNING: I think it was 46 percent.
COMMISSIONER COLETTA: Well worth going after.
MR. CARNELL: Okay.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. I forgot my question. Darn
it. So skip me.
CHAIRMAN HENNING: Mr. Carnell will be here so can you
ask him.
COMMISSIONER FIALA: I'll ask him.
CHAIRMAN HENNING: All in favor -- any speakers?
MS. FILSON: No, sir.
CHAIRMAN HENNING: All in favor of the motion, signify by
.
saYIng aye.
COMMISSIONER COYLE: Aye.
Page 186
September 23,2008
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
We should probably go to a break and be back in 12 minutes, at
4:10, okay.
MR. MUDD: Yes, sir.
CHAIRMAN HENNING: Unless you want to make a
suggestion.
COMMISSIONER COLETTA: Well, no. I was just going to
make a suggestion. When we come back, we've got some people here
from Immokalee to speak on that issue. Oh, you thought of the
question?
COMMISSIONER FIALA: Yeah. You know what? But it
wasn't for Steve. It was for our chairman. And I was going to ask,
with this -- you had said you had spoke to some of the Lee County
commissioners. I was wondering if when we have our joint MPO
meeting with them, if possibly we could talk about this as well at an
MPO meeting, because we don't meet with them often enough to have
county meetings.
CHAIRMAN HENNING: Mr. Klatzkow, can you research, or
Mr. Teach, or -- he's the attorney for the MPO.
MR. KLATZKOW: Well, it's more than just Lee County up
there. There's -- there are other people there.
CHAIRMAN HENNING: Yeah.
MR. MUDD: You have other municipalities represented,
whatever. I think you're going to have an inter -- we're going to talk
about an interesting item during my communications at your joint
MPO meeting that you need to be aware of.
Page 187
September 23, 2008
CHAIRMAN HENNING: Okay, all right. Be back at 4:10.
(A brief recess was had.)
Item #10N
THE MATTER OF THE DEFAULT OF THE IMPACT FEE
DEFERRAL AGREEMENT BETWEEN COLLIER COUNTY AND
CEI/KENSINGTON, LTD., FOR THE SADDLEBROOK/PELICAN
POINTE PHASE I APARTMENTS, TO THE OFFICE OF THE
COUNTY ATTORNEY TO INITIATE ANY AND ALL LEGAL
ACTION INCLUDING, BUT NOT LIMITED TO, LIEN
FORECLOSURE, IF NECESSARY - APPROVED
CHAIRMAN HENNING: Everybody take their seats, please.
The next item is to recommend that the Board of Commissioners
direct the county manager, or his designee, to forward the matter of
default -- default of impact fee deferral agreement between Collier
County and CEI/Kensington, LL -- Limited, for the Sandlebrook (sic)
Pelican Point, Phase I apartments to the Office of the County Attorney
to initiate any legal action including, but not limited to, lien
foreclosure, if necessary.
COMMISSIONER COYLE: Motion to approve.
CHAIRMAN HENNING: Motion by Commissioner Coyle,
second by Commissioner Henning.
COMMISSIONER FIALA: Can I ask you what the motion was?
COMMISSIONER COYLE: To approve, to take all necessary
legal action in order to recover the impact fees, deferred impact fees
that have not been paid and they have not been responsive.
COMMISSIONER FIALA: To take all necessary methods to
collect the impact fees on Saddlebrook, right?
COMMISSIONER COYLE: Yep.
CHAIRMAN HENNING: Okay. Commissioner Halas?
Page 188
September 23, 2008
COMMISSIONER HALAS: My question is, how many of these
do we have out there presently? Obviously we had one this morning
that hadn't started paying impact fees. Do we have some more that are
in the bushes?
MS. PATTERSON: For the record, Amy Patterson, Impact Fee
Manager for Community Development/Environmental Services.
Besides Brittany Bay that we saw this morning, we also have
falling about six months behind is Brittany Bay, Phase II, which is
$1.2 million. Now Brit -- the people from Brittany Bay have not
addressed what kind of position they're in for that second phase, but
that is one that's imminent.
Also we have First Assembly of God coming forward in
November with -- their impact fee terms out, Saddlebrook, and then
there's a second phase of Saddlebrook which comes due towards the
end of 2009. It is under a different ownership than this Saddlebrook
as far as -- that's what we have as far as those older impact fee
deferrals that do not have any other additional security on the property
in the form of a treasury bill or anything else. They have liens that
secure the county's interest, but they don't have an automatic secured
instrument.
COMMISSIONER HALAS: Very interesting. Do you know
what the total is roughly? I mean, if you don't have it --
MS. PATTERSON: I don't have it offhand, but we are -'- we do
have a list which I can provide. It is millions, yes. It's $1.2 million for
Brittany alone. It's over 2 million for Saddlebrook.
COMMISSIONER HALAS: Okay. Thank you.
CHAIRMAN HENNING: Any further questions?
COMMISSIONER FIALA: A comment though.
CHAIRMAN HENNING: Yes.
COMMISSIONER FIALA: It looks like, being that we try and
be nice guys and extend these deferrals to people, it -- from this it
looks like they just take advantage of -- advantage of us and don't feel
Page 189
September 23, 2008
they need to be paying these things at all. And maybe we're being a
little too lenient and a little too giving. Maybe we ought to recheck
that.
MS. PATTERSON: The opportunity is not available to them
anymore to have this type of deferral. All of our deferrals are now
secured with additional security instruments, so there's not a question
of whether or not they'll pay. When the term of the deferral is over,
there's an automatic security instrument that kicks in, in the form of a
tri-party agreement.
So what we're dealing with are these older deferral agreements
that, for various reasons, or whatever reasons, did not have security
instruments in place.
COMMISSIONER FIALA: Okay, thank you.
CHAIRMAN HENNING: Any speakers?
MS. FILSON: No, sir.
CHAIRMAN HENNING: All in favor of the motion, signify by
.
saYIng aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: I apologize. I went out of order.
MR. MUDD: That's okay.
CHAIRMAN HENNING: 10M.
Item #10M
RESOLUTION 2008-294: THE ANNUAL RATE RESOLUTION
TO SET LANDFILL TIPPING FEES, RECYCLING CENTER
Page 190
September 23, 2008
FEES, RESIDENTIAL MULTI-FAMILY AND COMMERCIAL
WASTE COLLECTION FEES FOR FY09. THIS RESOLUTION
ADOPTS THE RATES THAT FUND THE FY09 BUDGET FOR
SOLID WASTE COLLECTION AND DISPOSAL - ADOPTED
MR. MUDD: That brings us to 10M, and that's to obtain
approval by the Board of County Commissioners for the annual rate
resolution to set landfill tipping fees, recycling center fees, residential,
multifamily, commercial waste collection fees for FY-'09.
This resolution adopts the rates that fund FY-'09 budget for solid
waste collection and disposal.
And Mr. Dan Rodriguez, your Director of Solid Waste for -- in
the Public Utilities Division, will present.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Motion by Commissioner Coyle to
approve, second by Commissioner Halas.
I have questions. Commissioner Coletta?
COMMISSIONER COLETTA: I'll follow you.
CHAIRMAN HENNING: How much do you have in the capital
fund reserve for the landfill?
MR. RODRIGUEZ: For the record, Dan Rodriguez, your Solid
Waste Management Department Director.
Commissioner, are you referring to the closure fund reserve?
CHAIRMAN HENNING: Yes.
MR. RODRIGUEZ: Yes. There's about $3 million in that
reserve.
CHAIRMAN HENNING: Oh, okay. That's been depleted quite
a bit.
MR. RODRIGUEZ: A little bit, yes, we have. We used some of
the funds from -- for the cells one and two from that closure fund.
CHAIRMAN HENNING: Is any of these tipping fees -- I mean,
Page 191
September 23, 2008
that goes into one fund to pay for the operation, correct?
MR. RODRIGUEZ: That's correct. Your tipping fees pay for
the retirement of costs associated with running your landfills and
recycling centers.
CHAIRMAN HENNING: Is there any of that money goes into
general fund monies?
MR. RODRIGUEZ: No.
CHAIRMAN HENNING: It just stays there?
MR. RODRIGUEZ: That's correct.
CHAIRMAN HENNING: Okay. All right. I'm good.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Are these the same fees
that are charged against the Immokalee Landfill when they deliver
their product?
MR. RODRIGUEZ: That's correct, Commissioners. The fees
that you see there are also for the transfer site used in Immokalee.
COMMISSIONER COLETTA: Okay. Well, here's a little bit of
concern. We're talking about their rates and what they're going to be
able to charge. If we're going to increase their cost of doing business,
is there a built-in way that they can recover that? I'm not too sure
where this puts them.
In other words, we're going to tell them we're increasing your
costs, but we're still going to evaluate whether you can raise your
rates? Am I off base here?
MR. DeLONY: Yeah, you're offbase.
MR. RODRIGUEZ: Yeah. The fees that are charged in
Immokalee -- well --
MR. DeLONY: Let me jump in. For the record, Jim DeLony,
Public Utilities Administrator.
Sir, in terms of the fees that you're speaking to, what--
Immokalee Disposal represents one-third -- one of the three things that
constitutes the total cost of doing business with the solid waste
Page 192
September 23, 2008
program. There's a collection rate, and that's the cost of just picking
up the refuge and then hauling it to the -- in this case, the transfer site,
as you know. And there -- there is a disposal cost there and, of course,
there's an administrative charge.
The contract fees that deal with the collection is what we talking
about for Immokalee Disposal. This is the component that they were
complaining about. They're not -- you know, they're asking for an
adjustment. So any adjustment that has to be made will be made
within the context of their collection costs as opposed to the disposal
costs, which are outside that.
Now, in the end when we pass that arm to the consumer who has
to pay for all three, if you raise the collection cost, obviously that has
to be passed on. But as far as the collection, if I may, Tom, correct me
if I am wrong, that's outside of what we're talking about with the
Immokalee Disposal. We're dealing strictly with them on the
contractual costs associated with the collection component of the solid
waste bill.
COMMISSIONER COLETTA: Okay. So there's mechanisms in
there to protect them from what we're doing?
MR. DeLONY: Well, they have a contractual cost associated
with providing those collection services, and that contracted cost will
be provided and cost of the living adjustment associated with that. It's
at 70 percent of the CPI, and that's been the normal contractual
adjustment associated with that.
, Their claim is that because of diesel, that adjustment is not
appropriate, is as their representation to us. And on the previous item
you said, staff, go back and take a look at that and come back and talk
to us again.
COMMISSIONER COLETTA: Just trying to tie all the loose
ends together.
MR. DeLONY: Yes, sir, I understand.
COMMISSIONER COLETTA: Thank you.
Page 193
September 23, 2008
MR. DeLONY: Exactly. I hope that answers your -- okay, thank
you.
CHAIRMAN HENNING: Any further questions?
(No response.)
CHAIRMAN HENNING: Any public speakers?
MS. FILSON: No, sir.
CHAIRMAN HENNING: All in favor of the motion, signify by
.
saYIng aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #10P
RESOLUTION 2008-295: 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 - ADOPTED
MR. MUDD: Next item is item lOP. It used to be 16A6, and
that was -- that was moved by Commissioner Henning this morning, I
believe, and that has to do with some of the fees out of -- it's a
recommendation to adopt a resolution amending the Collier County
administrative code fee schedule and development of related review
and processing fees as provided for in the Code of Laws and
Ordinances, section 2.111, and this one has to do with community
Page 194
September 23, 2008
development's environmental services.
Commissioner Henning asked this item be pulled from the
consent agenda to the regular agenda, and that's where we're at, lOP.
CHAIRMAN HENNING: And, Commissioners, if you could
look on the second page of it in the middle, that is empirical data to
show that the fee is just. And Mr. Mullee, I want to thank you for
providing that.
The only -- the only concern that I have is in the second line.
You're basing it upon 13 average inspections for this fiscal year.
In 2007, then building directors said, hey, these inspectors are
inspecting too many of them; I'm concerned about public safety. And'
he limited it at 25.
You know, my concern here, by doing a calculation of 13 instead
of what an inspector can do -- and we continue this operation, you
don't have -- you'll never have enough hind at community
development to put desks and vehicles for inspectors if you set this
policy.
I would really like to set it to what an inspector should be
inspecting per day.
MR. MULLEE: Well, let me go ahead and just briefly address a
couple points, then I'm going to turn this discussion over to Joe.
In terms of calculating our costs, we used our actual costs this
year, and that's the number of actual inspections, just as those are the
actual number of vehicle costs.
You know, I know we've done more inspections in the past and
there's been higher standards, and I'm going to let Joe address some of
that, but I'm also going to say, when we did inspections in the past
during the height of the building boom, you know, typically inspectors
would go through a subdivision. New construction right next door to
each other, you'd go into a house and do multiple inspections. And so
you had the opportunity to do a higher number of inspections a day.
As you know, as everybody knows, our new residential
Page 195
September 23, 2008
construction has essentially disappeared. Commercial construction is
down. And so the types of inspections that the inspectors are doing
are predominantly these kind of permits that are addressed in this
executive summary; additions, alterations, a variety of minor permits.
And they just incur a lot more travel times between these. These
are not clustered, and so the actual number of inspections a day you
can do is considerably lower than what we were doing in the past.
Joe, did you want to add anything to target goals on inspections?
CHAIRMAN HENNING: Let me address your statement there.
I've had a developer who finished out a building that needed, you
know, one inspection. The inspector says, look, I don't have any more
inspections today; therefore, I'm going to stay on this job all day and
I'm going to go through this whole building.
I have an air conditioning contractor who I know well, and said it
on several occasions, to do a change out, that inspector is going to be
there for a half a day to do a change out because they don't have
enough work and they need to be on the job.
That is my concern with setting this standard so low, is -- you
know, if you've got too many inspectors, you need to deal with that.
You can't justify doing an increase based upon that amount of
inspections per day.
MR. MULLEE: Well, did you want to address the target goals?
MR. SCHMITT: Yeah. For the record, Joe Schmitt, your
Administrator of Community Development/Environmental Services.
Commissioner, I do not have the ISO report in front of me, that's
the international standard -- or Insurance Standards Organization.
When they came down and did their last inspection -- I'd have to go
look it up -- they were recommending no more than seven to 10
inspections per day per inspector.
We've been averaging 13 to 15 inspections per day per inspector.
We've been as high as 28 and 29. Those were times when we were
working overtime and we were -- we were doing it to provide the
Page 196
September 23, 2008
.
servIce.
I had a reduction in staff for inspectors, and the target has been
between 13 to 15, maybe as high as 17 a day, inspections per inspector
per day.
So the information you're talking about not having enough work
-- I have one of my chiefs here can talk about the inspectors he sends
out. And if you have specific questions concerning structural -- I do
not have my chief from electrical or mechanical, but structural. We
can talk about the inspectors.
Is the concern that you feel that 13 is too low?
CHAIRMAN HENNING: Correct, basing on what Mr.
Hammond said in 2005 and concerned about the inspectors doing
more than 25 a day. That -- in 2005, that was the standard that that
was using. No more than 25.
In fact, I have a -- one of your old reports.
MR. SCHMITT: Yes.
CHAIRMAN HENNING: And that was the target.
MR. SCHMITT: Yes.
CHAIRMAN HENNING: And you're always over all that
period of time until you got to 2006.
MR. SCHMITT: We were working -- and a lot of that period of
time, because of the amount of building taking place in the county, we
were working 10-hour days. I had inspectors working overtime.
The Insurance Standards Organization was down here. I believe
we briefed that during the budget hearings. The target was -- their
recommendation is no more than 10 a day per inspector. They feel
anything beyond that is putting the public at risk, sort of promoting
drive-by inspections, and we certainly don't want that, nor do I
condone somebody spending a half a day on site. That's just certainly
not needed and it's just not a good use of resources.
But, on average -- and I reported that, and I know you get my
report -- it's between 13 and 15 a day per inspector.
Page 197
September 23, 2008
CHAIRMAN HENNING: Yeah, I do now, yeah.
MR. SCHMITT: Yes.
CHAIRMAN HENNING: Well, you know, if you want to
forward that report to me, the --
MR. MUDD: The ISO report?
CHAIRMAN HENNING: Yeah, that--
MR. SCHMITT: Yes, sir. I will go back -- it's on my email. I'll
forward that. That was provided -- provided, I believe, as part of that
backup for budget, but I'll provide the insurance standards. They were
down here.
MR. MUDD: It's been a year.
MR. SCHMITT: I think it was -- I'm thinking
October/November time frame when we got the report.
CHAIRMAN HENNING: I'm going to make a motion to
approve. And you know, I always have the ability to reconsider if I
find something different. So is there a second to the motion?
COMMISSIONER FIALA: Second the motion.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN HENNING: Second by Commissioner Halas.
The backup material is a real eye opener, and I hope that maybe
the Productivity takes a look at some of these costs associated with the
building permit.
MR. SCHMITT: In fact, I spoke to Janet about it, and she asked
about the overhead, and I told her most of that overhead are costs that
are passed on to me, and I'd love to have the Productivity Committee
review the overhead. Not my overhead, but it's the costs that are
passed on to me for other activities within the county, and that's
something --
CHAIRMAN HENNING: I looked at salaries in there and I was
shocked on what some people were paid associated with permits.
MR. MULLEE: Just let me say, as far as the backup
documentation, what you saw as far as salaries, that was total
Page 198
September 23, 2008
personnel cost. So that includes healthcare and insurance and all this
-- all those items. So that was beyond salary.
CHAIRMAN HENNING: Okay, thank you.
Commissioner Halas?
COMMISSIONER HALAS: I believe this was pretty well
scrutinized with DSAC; am I correct?
MR. SCHMITT: Yes. That was fully vetted with the DSAC.
We had one vote in opposition. Just, frankly, it was 7-1.
COMMISSIONER HALAS: Right.
MR. SCHMITT: With the full understanding that these costs -- if
we don't charge the costs as identified in your executive summary, the
costs are being subsidized by the other permit applicants.
COMMISSIONER HALAS: I don't think that's fair. I think it
should be user fees accordingly.
So I feel that DSAC would have vented ( sic) this pretty well
being that most of that is -- most of that committee is developers --
MR. SCHMITT: Yes.
COMMISSIONER HALAS: -- and builders. I feel comfortable.
CHAIRMAN HENNING: Commissioners, I was concerned
about that, too, so I picked up the phone this weekend and called. The
justification they got was the comparable by other counties. The
information provided to us, my understanding, was not presented to
DSAC. But this is -- this is great information.
MR. MULLEE: Yeah. And DSAC received this exact executive
summary. We don't change anything between the DSAC meeting,
what we provide you.
CHAIRMAN HENNING: That's the reason I pulled it. Okay.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
Page 199
September 23, 2008
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries, unanimous.
MR. MULLEE: Thank you.
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS
MR. MUDD: Commissioner, that clears up paragraph 10.
Brings us to the county attorney -- excuse me -- public comment on
general topics, paragraph 11.
Ms. Filson?
MS. FILSON: Mr. Chairman, I have two speakers under public
comment. Betty Hull who's ceding her time to Gina Downs.
MS. DOWNS: And I thank you for having me speak today. This
came up Thursday at the budget hearing, and Commissioner Henning,
rightly so, said that was not exactly the best place -- time and place for
it, but today is.
The Economic Development Council is receiving $400,000 of
taxpayers' dollars right now and they are asking for an additional
$891,000. The EDC has stated that they're remaining neutral and
taking no position on the lease/sale of Alligator Alley; however,
they're co-hosting an event featuring speakers, Robert Poole, the
director of transportation for Reason Foundation; Bob Murray, a local
citizen; and David Rivera ofWilsonMiller.
Let's start with Mr. Rivera. Here's Mr. Rivera. He is
Vice-president of Transportation ofWilsonMiller. This is Mr.
Rivera's boss, Mr. Alan Reynolds, Chairman of WilsonMiller. Alan
Reynolds is on the board of directors for EDC.
WilsonMiller in 2006 signed a five-year contract with Florida
Page 200
September 23, 2008
Department of Transportation. On their website you can find three or
four of these glips, and it states that WilsonMiller is to serve as an
extension to the FDOT staff. Clearly that makes Mr. David Rivera a
spokesperson for FDOT.
The second speaker on this event is Mr. Robert Poole of the
Reason Foundation. Then encyclopedia on the website called -- I'm
sorry -- on the computer is called Wikipedia, and they clearly state
that nearly all of Reason Foundation's research is pro privatization.
They support privatizing almost all government functions.
Here are a few of the websites associated with Reason
Foundation, their opinions, research, and various magazines.
For 30 years, Mr. Robert Poole has been promoting privatization.
He has a staff of 40 at Reason Foundation. He has authored five
books. He's testified before congress numerous times. He's had an
audience with four or five presidents promoting privatization.
I mentioned the other day I have a list of his works this high; no
exaggeration. He has over 180 -- which I can provide to you --
published articles and papers.
When I tell you that this is the biggest gun in the United States if
not the entire world on pro prioritization, it is not an exaggeration.
While I'm flattered that Commissioner Coletta thought that I should go
head to head with Mr. Poole, I would say that if the EDC truly wants
truth in advertising and they want a so-called 360-degree discussion
on the issue associated with the leasing of Alligator Alley, there are
only two people in the United States qualified to go head to head with
Mr. Robert Poole. Neither of these people has a staff of 40, neither
has been in business for 30 years devoting their life to
anti-privatization; however, the first leader in the transportation
debate, Mr. Dennis Enright, he has been published, he has appeared
before congress several times anti-privatization.
The second contemporary of Mr. Robert Poole in the United
States would be Dr. Fineas Baxandall, senior analyst for PIRG. I don't
Page 201
September 23, 2008
know if you'll remember, at the joint MPO, we gave each member of
the MPO a pamphlet about, and that -- about anti-privatization, and
that was published by PIRG.
The Economic Development Council, which receives $400,000
of the taxpayers' money and is looking for another $891,000, is
hosting an event that they're calling a public event; however, it is $50
for non-members to attend the meeting. It's disingenuous to call this a
public meeting. It is a quasi public meeting.
If they want a truly fair and balanced informative session, an
equally notable and practiced debater should be brought in to present
an opposing view. This gray-haired grandmother of eight, who may
have been researching and doing a lot of her homework for a year and
a half, is hardly the contemporary of Mr. Poole, but I do thank you.
The EDC wants an additional 891,000 from turnback funds. Do
the taxpayers want to see their funds used to support this kind of a
group? I doubt it.
The EDC receives $400,000 in base money from the
commissioners. Would the public be upset if that funding were
removed? I doubt it.
EDC's actions in arranging and promoting this very one-sided
event is insulting to the thousands upon thousands upon thousands of
Collier County citizens who have clearly weighed in and' spoken out
against the sale of their public asset.
EDC's actions are undermining to this commission who have
signed a -- who have signed a petition, a resolution, opposing the sale
of Alligator Alley. EDC's actions are an affront to elected officials --
CHAIRMAN HENNING: Mr. Downs?
MS. DOWNS: -- of all South Florida who oppose the alley.
CHAIRMAN HENNING: You need to wrap it up.
MS. DOWNS: I had a person cede, so --
CHAIRMAN HENNING: Well, I think--
MS. DOWNS: I submit to you that any public --
Page 202
September 23,2008
CHAIRMAN HENNING: Hang on, hang on. If I'm wrong, I
want to correct it.
MS. FILSON: I set the timer for six minutes.
CHAIRMAN HENNING: So you got double time.
MS. DOWNS: Okay. I submit to you that any organization that
pre -- that receives public funding and is taking actions insulting to the
public and undermining to elected officials should not be receiving
public funding.
CHAIRMAN HENNING: I have a question for you.
MS. DONALDSON: Thank you.
CHAIRMAN HENNING: Have you talked to David Rivera?
MS. DOWNS: Talked to who?
CHAIRMAN HENNING: David Rivera, on,his position?
MS. DOWNS: No. Well, he was at the FDOT meeting. I know
his position. He was the one person out of about 100 in a four-day
period who spoke for it.
CHAIRMAN HENNING: Well, you know, I spoke to him, and
his position was that the state is going to do what they're going to do.
Commissioner Coy Ie said that.
The problem is -- and Mr. Rivera relayed to me, maybe other
commissioners on one on one, is we want that money to stay local if
they do that.
MS. DOWNS: And do you have reason to think that money will
not stay local?
CHAIRMAN HENNING: Let me finish, please. And he has
recognized an allegiance throughout the State of Florida to fight
monies going out from Broward and Collier. But let me tell you my
observation, what you're suggesting.
If -- and correct me if I'm wrong. We should pull the funding
since -- the presumption that EDC doesn't align with the thinking and
its action of the Board of Commissioners. That's what you said
before, and I think your stance is still the same, correct?
Page 203
September 23, 2008
MS. DOWNS: That's an over simplification of what I'm stating,
yes.
CHAIRMAN HENNING: Okay. And that is Stalinism. That is
the true sense of communism that I've ever seen. Just because
somebody has differing views of government doesn't mean that
government has to take action against people.
MS. DOWNS: And any organization that does not receive public
funding is certainly free to step up and take that position. There have
been several forums that are truly open to the public, and anyone who
is in favor or against this has had every opportunity to speak out. This
.
IS --
CHAIRMAN HENNING: That's my comment.
MS. DOWNS: -- an organization that gets taxpayers' funding,
and they're going against every elected official and all of the public.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Gina, I appreciate you being
here. I can't say I agree with you. You know, the EDC serves a very
valuable part of this community as far as business retention, whatever.
I would like to hear from Tammie Nemecek. As far as I know,
they haven't taken an outward position where they're saying that
they're for the privatization of the road.
But let's get Tammie Nemecek up here so we can hear from her,
and then I got a suggestion I'd like to make that may solve a lot of
problems.
MS. DOWNS: And when you think bringing the biggest gun in
the world in to speak is not taking a position?
COMMISSIONER COLETTA: Well, we bring the pope here
every once in a while. I don't know how much that gets us either.
COMMISSIONER HALAS: I'd like to ask her a question while
she's up there. I have some concerns because there's been elected
officials that represent other constituents in other parts of Florida that
have been adamantly opposed to this privatization.
Page 204
September 23, 2008
There's been a couple of MPOs on the other side of the state.
There's also the southeast transportation coalition over there that
basically said that they were totally opposed to this. And if anybody
here thinks that the funding of the sale of Alligator Alley is going to
remain either in Collier or Broward County, they've got another think
coming to them.
COMMISSIONER FIALA: Yeah.
COMMISSIONER HALAS: We have been short changed
through the years with the funding that has been collected on that
highway. We have not gotten anything from it.
And a good point was brought up this morning by Commissioner
Coyle in regards to., where's our fair share of the growth management
money that was supposed to be allocated for different areas of Florida,
and we sure as hell -- sure as hell haven't gotten our fair share.
COMMISSIONER COLETTA: If I may, I'd like to go to
Tammie Nemecek.
MS. DOWNS: Can I say one more thing? Our group looks at
this --
CHAIRMAN HENNING: Your time --
MS. DOWNS: -- as someone robbing the bank, and drive by in
the car and say, well, they might get away with it so jump in the back
seat and we'll see --
CHAIRMAN HENNING: Gina?
MS. DOWNS: -- if we can get some of that money.
CHAIRMAN HENNING: Gina, your time is done and you need
to step away from the mike.
MS. DOWNS: And I have done so.
CHAIRMAN HENNING: And I could just say, I have not seen
anything from this coalition whether they're recognized by the state
government and federal government -- and it's just one person's
opinion. Nobody was elected either.
MS. NEMECEK: Tammie Nemecek, President, CEO of the
Page 205
September 23, 2008
Economic Development Council.
Gina, I understand how you might have reached the conclusions
that you have. Let me tell you why it's wrong.
You know, in America we do have the ability to discuss these
issues. That's what makes us great. I do want to add to the discussion,
too. Earlier on in discussing with Gina on wanting to make sure that
we do have a balanced discussion on this issue.
I know there was an outreach from the commissioners saying,
you know, why don't we put Gina on the agenda, and she has
declined. We actually have already invited Fineas Baxandall to
participate on the panel. He should let us know in the next day or two
whether or not he can. Ifhe's not going to, he's going to recommend a
replacement.
So, you know, I think this issue is closed. It's done. Let's have
the program. Let's discuss the issues and base this on facts, not
emotions.
COMMISSIONER COLETTA: May I?
CHAIRMAN HENNING: Commissioner Coyle? I'll come back
to you. I'm sorry.
COMMISSIONER COLETTA: Thank you. That's okay.
COMMISSIONER COYLE: Tammie, I would suggest to you
that a debate on whether or not it makes good financial sense to lease
Alligator Alley is probably not even the point. The point is, are the
people who negotiate the lease trustworthy enough to make sure that it
does what it's supposed to do?
And I would suggest to you that state government, the
Department of Transportation, the governor, our legislators, have all
proven to me that they are not sufficiently trustworthy for us to accept
any of their assurances.
They promised the people of Florida they would solve the
property tax problem; they didn't. They promised the people of
Florida they'd get the biggest tax reduction in history; they didn't.
Page 206
September 23, 2008
They promised us we'd get hundreds of millions of dollars for
infrastructure as a result of the growth management bill; we didn't get
it.
They are notorious for their failure to keep their commitments.
They get their newspaper headlines, they grab the money as quickly as
they can, and then they're off to another political assignment, and
that's all they do.
And unless you have that kind of debate there, it makes no
difference if somebody lays out a sound financial plan for leasing
Alligator Alley.
MS. NEMECEK: Agreed.
COMMISSIONER COYLE: And so, you know, that's the crux
of the whole problem, and -- but in any event, we've heard both sides
of this issue here today.
CHAIRMAN HENNING: I'm sorry, Commissioner Coletta.
COMMISSIONER COLETTA: Mr. Feder, if you would, please.
I think possibly what we need to do -- I mean, we're adding it -- we're
united on the fact that we think it's a bad idea, correct. Ifwe really
believe that, what we need to do is sue the State Department of
Transportation or the governor and his cabinet to make sure that our
interests are protected.
Now, here's the rub on it. Suppose everything still goes wrong.
They have to settle with us. This is an item that organized
environmentalists have done for a long time. Let's take one of the --
okay, maybe so, but they've been very successful with it.
CHAIRMAN HENNING: You know, you're absolutely right.
COMMISSIONER FIALA: I think so too.
COMMISSIONER COLETTA: And in return, they have to
settle -- the court has to settle. They have to settle through the courts.
It no longer becomes a legislative issue. It no longer becomes a
negotiating issue. They have to settle -- if we really believe that we're
right.
Page 207
September 23,2008
Mr. Feder, is this a possibility?
MR. FEDER: I think it's exactly the approach we need to take.
I've come to that conclusion. We're looking at -- they just recently
adopted a 30-year strategic intermodal system plan, $1 billion, of
which 10 million or .1 percent is slated to be spent in Collier County.
One might say that's to tell us, gee, we ought to get the money off
the alley. We're taking the right position in that they shouldn't be
leasing out the alley.
But by going into legal action, since they seem set on doing so
and they've set from the beginning without any involvement -- now
we've at least gotten the voice known that there's concern on it and
what our position is, but at the same time I thought we wanted a seat at
the table. This is a banquet table, and if we got one, we'd be in the left
room somewhere in the side.
So my observation is, we're better off taking a position, as we
have. If they do proceed, I believe at that time you sue to try and stop
it. I'm not sure you'll succeed.
But I'll also tell you that if you don't take that position to try and
bargain and if they have a -- what's the euphemism for it -- a lessee or
somebody to run the alley for them, then you're in a position where
they're going to want to get that lease or that suit out before they can
have that lease unincumbered.
Because I assure you that I keep hearing the talk that it will be
split between Collier and Broward County.
COMMISSIONER FIALA: Yeah, right.
MR. FEDER: And anyone that believes that Broward County is
going to do a 50/50 split is probably not really thinking the issue
through.
And with that said, our bargaining position's probably a lot better
off doing just as you mentioned, Commissioner.
COMMISSIONER COLETTA: I'd like to see us direct the
county attorney to bring something back to us on the next agenda.
Page 208
September 23, 2008
COMMISSIONER FIALA: I'm all for it. I agree.
MR. KLATZKOW: It would be my pleasure.
COMMISSIONER COYLE: Me, too.
CHAIRMAN HENNING: Okay, great. Thank you.
. MS. FILSON: Mr. Chairman, I have one additional speaker
under public comment. Janet Vasey.
CHAIRMAN HENNING: Okay. Commissioner Halas, and then
Janet Vasey.
COMMISSIONER HALAS: I just hope that this direction that
we have given the county attorney is not saying that we're throwing
the cards on the table.
COMMISSIONER COLETTA: Nope, not at all.
COMMISSIONER HALAS: I want to make sure that we fight
this to the very end. This is only the beginning, and if they succeed on
this particular write-up, then obviously through other presentations
that have been given, we realize that this is the start, and then there's
going to be a domino effect throughout the State of Florida.
And so the benefit is, somebody's going to balance the budget,
but the counties that are most affected with all of this are going to get
very little. In fact, they're going to be lucky if they get crumbs.
CHAIRMAN HENNING: Okay, thank you.
Good afternoon, Janet.
MS. VASEY: Good afternoon, Commissioners. Janet Vasey, for
the record.
I do still believe there's an issue here with the EDC and funding
and agendas. I believe that the EDC does have an agenda that is not
always consistent with your public policy.
I think this is one area where it started out in that direction, they
were caught publicly, and they've come up with something to kind of
patch it up.
There have been other instances when the EDC has not been in
lockstep with your interests. And I would refer you to the fiscal
Page 209
September 23, 2008
stability analysis in 2004, a $62,000 study that they got you to fund
with taxpayer money where they picked the consultant who parroted
back their issues in the final report.
Basically the same things of lower impact fees and more business
incentives. And that -- you know, that really -- that's not in your
interest always, so you do have to watch that.
That study also projected huge revenue shortfalls of $90,000,000
in 2006 and 175 million in 2007. Even the Florida legislature, with
their tax reform, could not do that to us. That was a joke.
Okay. The EDC's always pushing for high-paying jobs, and--
but yet the jobs that they want to give you for high paying are jobs
that qualify for housing assistance -- subsidized housing. And they
tell you that you need to do these programs to bring these new
businesses in but yet a study that they reference themselves on why
businesses choose to move to a new location shows that the kinds of
incentives for tax incentives are like eight and 10.
Mostly businesses move to have new areas for things like
highways, labor costs, energy costs, skilled labor, and construction
costs. So we're spending money for things that are not really
important to businesses when they choose to move here and -- by their
own documentation which was in the Naples Daily News, April the
20th -- April 30th of 2008.
Also, one last thing, is they get -- they take credit for all these
jobs, 1,500 jobs, and millions and millions of dollars when, in
actuality, 1,200 of those jobs were based on simply processing a piece
of paper for the fast track permitting program. This is not bringing
you business. This is not saving you jobs.
You're -- for example, 300 jobs for Physicians Regional Medical
Center. Seventy jobs for Ave Maria Law School. Over 300 jobs for
the Naples Daily News. They didn't bring those things here. It was
fast tracking, and that's your own government operation by
community development services.
Page 210
September 23, 2008
So you really need to look at this program. You don't need a lot .
of new incentives to bring businesses here. Businesses will come
when the time is right. Housing's down. There -- baby boomers are
.
comIng.
CHAIRMAN HENNING: Janet, I need to ask you to wrap up.
MS. VASEY: Okay. It will happen when the economy's ready.
And so please reconsider this program and cut the funding. Thank
you.
CHAIRMAN HENNING: Thank you.
MS. FILSON: That's your final speaker, Commissioner.
CHAIRMAN HENNING: Let's move on.
Item #12A
A FINDING THAT: (1) PURSUANT TO SECTION 10.02.13.F.5
OF THE LAND DEVELOPMENT CODE (LDC), THAT THE
TIMING OF THE DEVELOPER COMMITMENT OF PROVIDING
A POINT OF EGRESS AND INTERSECTION IMPROVEMENTS
PRIOR TO THE ISSUANCE OF THE FIRST CERTIFICATE OF
OCCUPANCY AS REQUIRED BY THE COCONILLA PLANNED
UNIT DEVELOPMENT ORDINANCE NO. 05-15 IS NO LONGER
NECESSARY; AND (2) THAT THE APPROPRIATE COUNTY
STAFF ISSUE CERTIFICATES OF OCCUPANCY FOR THE
FIRST TOWER BUILDING AND DWELLING UNITS THEREIN
PRIOR TO THE COMPLETION OF THE REFERENCED ACCESS
IMPROVEMENTS - MOTION TO HAVE MONEY PUT IN
ESCROW IN THE AMOUNT OF $250,000 TO BE PLACED IN
TRUST ACCOUNT AND TO ADJUST AS WORK IS
COMPLETED (RELEASED IN INCREMENTS), AND PROJECT
TO BE COMPLETED BY 1/31/09 - APPROVED
MR. MUDD: Commissioner, that brings us to 12A, which used
Page 211
September 23,2008
to be 16K 1, and that has to do with -- that the Board of County
Commissioners make a finding that, one, pursuant to section
10.02.13.F.5 of the Land Development Code, that the timing of the
developer commitment of providing a point of egress and intersection
improvements prior to the issuance of the first Certificate of
Occupancy as required by the Coconilla planned unit development
ordinance number 05-15, is no longer necessary and, number two, that
the appropriate county staff issue Certificates of Occupancy for the
first tower building and dwelling units therein prior to the completion
of the referenced access improvements.
This item was on the consent agenda and is now on the regular
agenda at Commissioner Halas' request.
MR. KLATZKOW: And Commissioners, I was -... this came
about in conversations I had with Mr. Y ovanovich. There was a
timing issue here. We couldn't get this on public petition and then
come back to you, so I put it on the county attorney's item.
But since this issue involves Mr. Y ovanovich and his client, I'll
let them present.
MR. YOV ANOVICH: Okay. The request is to allow the issuing
of the CO for the first residential tower prior to the completion of the
park interconnection due to timing issues related to some additional
financing that was necessary to complete the first tower. And I'm
going to put up a Site Development Plan.
When the PUD was originally approved, there are two residential
towers. One of the conditions for the issuing of the CO for the first
residential tower, which -- Steve, it's this one, right, in the gray -- is
that the interconnection of the county's park to a traffic light be
completed prior to the issuing of the CO in the first tower.
This has been constructed. It hasn't been blacktopped yet.
Embarq has been out to relocate their utilities.
In order to obtain additional financing to complete the project,
there had to be an agreement to get COs by October 31 st with an
Page 212
September 23, 2008
ability to extend it if there's a governmental issue to December 31st.
We didn't want to be in a position to -- as to whether or not we were
able to complete construction by the 31 st of October, to be -- whether
it's a governmental issue or nongovernmental issue.
So we're requesting that we clarify that issue and that we be
allowed to obtain the COs prior to the completion of that
interconnection.
In your agenda package you'll see the lender says there are
proceeds available to complete the interconnection. We're already
starting the work to get that light done. We, frankly, are just
concerned that we will not be able to get it done by October 31 st. So
we're requesting that the commission work with us to allow the COs to
be issued so we can meet our funding obligations under the additional
financing.
There's no risk to the county since the loan proceeds are there to
complete the work. I believe also in your agenda package are copies
of the proposal and the contracts necessary to get the work done.
We've started that work, and we're requesting the Board of
County Commissioners work with us so we can get the COs done and
ultimately delivered to the county interconnection to the park that the
county would really like to have happen with the first building that
was originally committed to under the PUD document.
COMMISSIONER HALAS: Let me tell you where I'm coming
from. I'm here to make sure that the promises that were made to the
residents here in the State of Florida or in Collier County specifically,
and in my district, in regards to addressing traffic issues in regards to
when this was approved -- now, the building is being put up. There
could have been a point in time when -- while the building was being
put up that the traffic issues could be addressed.
Because of the fact that this is in bankruptcy, I need to make sure
there's some kind of way that the citizens will be protected and not
say, well, we're going to do this after the first building has got CO'd
Page 213
September 23, 2008
and hopefully we can fill the occupancy.
I think that what we need here is some kind of a surety bond
because there has been some issues that have come up in the
construction of this tower where, I believe I was told by
transportation, there's some issues with concrete that's been dropped
on the road and hasn't been cleaned off.
There was also an issue that was brought to my attention by
constituents that lived up in that area where they were blacktopping
the road and got blacktop all over the Vanderbilt Drive. Yes, they
went out there to try to clean it up, but it wasn't the very best.
And I believe there was some indications that the developer was
going to re-stripe that road. When is that going to take place?
MR. YOV ANOVICH: That's part of the intersection
improvements that we will -- for the light and the connection of the
county's park. That all will be taken care of as part of those
improvements.
COMMISSIONER HALAS: The other concern that I have -- so
I need to get something from you stating that you'll put up a surety
bond to make sure that these intersection improvements are done.
Even though there may be money allocated for this, if something
should go wrong, the bank gets the first crack at all the assets. And
the people, I don't think, in this county, will be addressed with the
issues of the other commitments that were made.
Now, if the second tower isn't built, then we may be out the $2
million for beach access.
And I think there was also a commitment in regards to -- and
Marla may be able to help me out in this -- where there was some land
that was going to be donated. And I'm not sure if we have the land yet
where it was going to widen Cocohatchee Park where we could put
more parking in there for the boating public since we lost the marina.
And so I want to make sure that the citizens here are protected,
okay, especially since we've gone now into bankruptcy.
Page 214
September 23, 2008
MR. YOV ANOVICH: Well, Commissioner, we -- like I said,
you have a letter from the lender saying the proceeds are there. If you
would prefer that the -- I don't know that you would feel any better by
having a surety bond. I think -- we could probably give you better '
assurances by actually having the cash available so you don't need to
deal with, you know, a bonding agency to try to collect those
proceeds.
We could put the money in escrow with my firm, the money will
be there. If the proceeds (sic) aren't done, I will release the money
when the county signs off on the improvements, and then we would
pay for them.
But the money can be available here locally in my firm trust
account. There is a -- there is a -- Mr. McHale, who -- if you read the
documents --
COMMISSIONER HALAS: Right.
MR. YOV ANOVICH: -- he has to sign off on the release of all
those monies. So there is assurance through a court-appointed
individual to make sure that these improvements are done and the
funding is there through the court-approved documents.
COMMISSIONER HALAS: Okay. Is he also going to take care
of any detriments that have been done to the road out there in regards
to construction equipment ingressing and egressing out of this
property where supposedly there's some concrete that's been spilled on
the road and has dried?
MR. YOV ANOVICH: And my understanding is that most of
that has been taken care of already. The remainder will be taken care
of when we're doing intersection improvements --
COMMISSIONER HALAS: Okay.
MR. YOV ANOVICH: -- finishing those intersection
improvements.
COMMISSIONER HALAS: I just want to make sure that there's
not a burden put on the taxpayers in this county, and that's exactly
Page 215
September 23, 2008
why I pulled this off the agenda, to get your assurances, and the
gentlemen sitting there who I think is representing --
MR. YOV ANOVICH: Right, yes.
COMMISSIONER HALAS: -- the developer, that these issues
have been brought forth, and the concerns, I hope, are going to be
addressed and that we'll get this taken care of very expeditiously.
MR. YOV ANOVICH: I hope we've given you those assurances
through the documents, and if you want the additional cash in my trust
account, we can -- that would be better.
CHAIRMAN HENNING: Commissioner?
COMMISSIONER HALAS: Well, I make a motion that there be
money put into escrow to take care of the concerns that we had in
regards to the intersection improvements and any other promises that
were made with the construction of the completion of this first tower,
and some way or another I'd like some assurances that the second
tower will be built so that the citizens can capitalize on what was
given to the developer and what was given to the citizens in regards to
beach access.
MR. YOV ANOVICH: Well, I could -- I could tell yo":1 that it is
in the property owner's financial best interest at some point to build
that second tower. The market has changed. The question is when
will that second tower be built.
But it's certainly a valuable asset to the property, and the
developer or property owner has every incentive to build that second
tower. When? I don't know. We don't know when we're -- as the--
you know, the meeting started off with the reverend, we're kind of all
in this together. When it gets better, then that second tower will
obviously --
COMMISSIONER HALAS: Well, at this point in time I'm going
to make a motion that money is put into escrow in regards to the
improvements of that intersection and that any detriments that were
done to the road are also included into that where the restriping or
Page 216
September 23, 2008
removing of concrete or anything else is taken care of at this point in
time.
MR. YOV ANOVICH: Okay.
CHAIRMAN HENNING: Let me just make sure -- Mr.
Klatzkow, are you okay with that motion?
MR. KLATZKOW: Yeah. I'd just like to know how much
money.
COMMISSIONER HALAS: Whatever -- do we have some idea
from transportation of what those intersection improvements are? I
know it was quite extensive.
MR. YOV ANOVICH: Steve Barber may know -- $225,000 is
the estimated cost of the signalization and the construction of the --
COMMISSIONER HALAS: And what about the cleanup?
Norm, can you chime in here maybe and give us some direction a
little bit?
MR. FEDER: I would tell you I haven't estimated out the project
where I would say that 225- sounds reasonable on the intersection
improvements itself.
You're probably looking at little bit of milling, and resurfacing
required to get Vanderbilt back with what has happened with the
concrete spills and the other asphalt and issues, at the very least, needs
to be improved and then restriped, what I think they plan on doing as
part of their 225- estimate that they gave you.
COMMISSIONER HALAS: Do you think that 275- would be
adequate, and if there's nothing left over, that then the remaining
amount stays with them?
MR. YOV ANOVICH: We don't have 275-.
COMMISSIONER HALAS: All you've got to do is put the
money in there. Whatever it takes to get it done. I just want to make
sure --
MR. YOV ANOVICH: I understand, I understand. We can draw
up to, I believe it was, $250,000, which is more than the estimate, and
Page 217
September 23, 2008
we estimate 5,000 really for the other cleanup stuff. So 230- is what
we're thinking is the number that would adequately secure the county.
So 230-.
COMMISSIONER HALAS: Okay, 230-. Okay.
CHAIRMAN HENNING: Mr. Klatzkow?
MR. KLATZKOW: For security, sir, do you want the escrow to
be held in Mr. Yovanovich's firm's trust account or would you prefer a
letter of credit on a local bank?
COMMISSIONER HALAS: What do you think is the best?
MR. KLATZKOW: We always take letters of credit from local
banks, sir.
COMMISSIONER HALAS: Okay.' That's what we'll do.
MR. KLATZKOW: It's our standard form in the LDC.
COMMISSIONER HALAS: Okay. This will be a bank that
presently holds the credit on that property. I think it's Legions Bank--
or Regions Bank, excuse me.
MR. YOV ANOVICH: No, it's not Regions. It's Cypress
Lending. I mean, they've already got -- there's already a loan there, so
why would we need another letter of credit on top of that? I would --
if you want a letter of credit from Cypress, it seems like it's from the
same people who already wrote you a letter that said there's money
there to cover the cost.
MR. KLATZKOW: You would want a letter of credit from a
local bank that you can draw on. We do this all the time on developer
commitments and construction commitments.
MR. YOV ANOVICH: What I would hope in this case is, there's
a fee associated with getting letters of credit. I would hope that the
money in my trust account would more than satisfy you. That's cash
where you don't even have to go to the bank. All you have to do is
come to us and say, hey, they didn't do the improvements. Give us the
$230,000 to finish the work.
COMMISSIONER HALAS: Do you feel comfortable with that,
Page 218
September 23, 2008
Norm?
MR. FEDER: Commissioner, what I would say is, first of all, I
would ask if they have the ability for the 250-, because I think 5,000
may be light on the added work on Vanderbilt. I would say if the
money is there and available and you can get to it, fine.
I think you have another issue though. In the executive summary
itself, it made the statements -- I believe that needs to be clarified --
that essentially these items weren't -- were found not necessary. The
issue was that we could live without with the first CO'd building. I'm
not sure on that.
What is the time frame for noncompliance is the other thing you
need to address. They're holding the funds. When do you expect
these improvements to be done?
CHAIRMAN HENNING: Let's capture the motion,
Commissioner Halas.
COMMISSIONER HALAS: Okay. When do you expect this to
be done? You were saying something in your intro that you were in
the process --
MR. YOV ANOVICH: We are. And the final county acceptance
-- because there are very specific -- there's very specific equipment
that the county will use and there's lead time to order that and get it
here. We think worst-case scenario is January 31, 2000- -- we're in
now '08 now, right -- '09.
COMMISSIONER HALAS: Okay. That's got to be -- I'm going
to put that in the motion --
MR. YOV ANOVICH: That's fine.
COMMISSIONER HALAS: -- that this will be completed
January 31, 2009.
MR. YOV ANOVICH: And ifnot, you can write me a letter, and
I'll be happy to stroke you the check from my trust account.
COMMISSIONER HALAS: Is that --
MR. KLATZKOW: That's up to you if you want it in his trust
Page 219
September 23, 2008
account or if you want a letter of credit, sir. It's whatever you're more
comfortable with.
CHAIRMAN HENNING: Mr. Yovanovich, if we have any
problem, I don't see how it can come back to us and the Planning
Commission with this escrowed monies in their trust account.
COMMISSIONER HALAS: All right. We'll go with you put
the money in your trust account.
CHAIRMAN HENNING: Is there a second to the motion?
COMMISSIONER HALAS: Make sure you got a lock on that
thing.
COMMISSIONER COYLE: Yeah, I seconded it earlier.
CHAIRMAN HENNING: I'm sorry.
COMMISSIONER COYLE: But I have a question. I just want
to clarify --
CHAIRMAN HENNING: Commissioner Coyle seconded the
motion.
MR. YOV ANOVICH: Can I -- let me -- before we add -- I'm not
trying to change it. What we're saying is, once Mr. McHale says, yes,
the work has been done, we would like to be able to use that money
for progress payments.
CHAIRMAN HENNING: For--
MR. YOV ANOVICH: For the intersection.
CHAIRMAN HENNING: -- the intersection improvements.
MR. YOV ANOVICH: Yes. We would -- we would give the
county a copy of Mr. McHale's authorization for the work and show
you that it was related to the intersection improvements, county would
look at it and say, yes, Mr. Y ovanovich, that's $50,000 towards the
intersection improvements. You may release $50,000 from the escrow
to pay the contractor.
CHAIRMAN HENNING: Then the county --
COMMISSIONER HALAS: Signs off on it?
MR. YOV ANOVICH: Yes.
Page 220
September 23, 2008
CHAIRMAN HENNING: The county signs off on it.
Mr. Feder's okay with that.
COMMISSIONER HALAS: County Attorney, are you okay
with this?
MR. KLATZKOW: Yes, sir, it works.
COMMISSIONER HALAS: Okay, good.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I want to make sure I fully
understand the conditions under which the escrow moneys can be
released. They can be released upon receipt of a letter from Mr.
McHale?
MR. YOV ANOVICH: Yes. He's the person that, under the
documents, has to authorize any payments.
COMMISSIONER COYLE: Okay. So we can release it in
increments based upon letters from him certifying that, what, work has
been done?
MR. YOV ANOVICH: And that amount of work for the pay
request has been done.
COMMISSIONER COYLE: Has been done or January the 1st --
MR. YOV ANOVICH: Thirty-first.
COMMISSIONER COYLE: -- 31st, 2009, it will be released--
or no.
MR. YOV ANOVICH: You can --
COMMISSIONER COYLE: It will be turned over to us?
MR. YOV ANOVICH: If you want it to be. And if you choose
to let the contractor finish because he's days away, you can elect not to
do that as well. You can say, just finish it.
COMMISSIONER HALAS: Well, I want to --
MR. YOV ANOVICH: Either way. Your call. I mean--
COMMISSIONER HALAS: I want a firm completion date. I
don't want you coming back here and saying, oh, by the way, we can't
get it done January 31, 2009, that we're going to have to wait until
Page 221
September 23,2008
April 1, 2009.
MR. YOV ANOVICH: I've just given you a firm completion date
at which you can say to me, Mr. Y ovanovich, release funds to us.
COMMISSIONER COYLE: And then we would be responsible.
MR. YOV ANOVICH: And you'll finish it up with the
contractor.
COMMISSIONER COYLE: Taking those funds and applying it
to the work. Here's my only concern, if we issue to you progress
payments for the improvement and then you use up 75 percent of the
progress payments but you've done only 25 percent of the work, what
do we do then?
MR. YOV ANOVICH: Well, you're going to be -- you're going
to be receiving their -- the confirmation from Mr. McHale that that
level of work has been done.
MR. KLATZKOW: End of the day, sir, this is a PUD
commitment. If they do not do this, okay, we can stop all further
development orders.
COMMISSIONER COYLE: Even if -- even if they have
expended --
MR. KLATZKOW: I don't care how much it costs them.
COMMISSIONER COYLE: Okay. All right.
MR. MUDD: And oh, by the way, Mr. McHale's -- McHale --
MR. YOV ANOVICH: McHale.
MR. MUDD: -- McHale, his letter, okay, needs to be checked by
Norman, okay? Norman's staff is going to take a look at the dollar
amount versus work performed to make sure it's got a -- it's a good
balance, that he's not padding, so to speak, his invoices, getting paid
for work that's not being accounted for.
COMMISSIONER HALAS: That's what I'm concerned about.
MR. KLA TZKOW: And just for the record, we are not waiving
this PUD requirement.
COMMISSIONER COYLE: Yes.
Page 222
September 23, 2008
MR. KLATZKOW: We're simply, from a timing standpoint,
allowing the issuance of CO before the work is complete. The work
will get done.
MR. YOV ANOVICH: Just so you know, there are two -- two
junior lenders that will also review the pay request before there's a
payment done. So there are going to be a lot of eyes looking at this
before any money's released.
COMMISSIONER COYLE: Okay, all right. I understand.
Thank you.
CHAIRMAN HENNING: Okay. Are we okay on this?
COMMISSIONER COLETTA: Yeah, for the moment, I guess.
CHAIRMAN HENNING: Please call up the speaker.
MS. FILSON: Donna Reed Caron.
MS. CARON: Yeah. Good afternoon, Commissioners. Donna
Reed Caron, for the record, and I'm here as a citizen but I'm also one
of your planning commissioners, so I think this -- solving this has
some greater implications for all of us in the future.
I believe that I've heard everything that's happened, and I just
would like to review, because this shouldn't be an unnecessary item
that we're getting rid of. If this is just a timing issue, I'm good with
that.
And are we putting $250,000 in escrow here now to make sure
that Norm -- Mr. Feder's covered on everything outside of the scope of
the intersection improvement? Was that the figure that finally got --
COMMISSIONER HALAS: They came up with a figure of225-
with $3,000 ( sic) for improving --
MR. YOV ANOVICH: Five thousand.
COMMISSIONER HALAS: -- $5,000 for improving the road
out there, but Norm came forward and said I think they're too light on
it, that 250,000. So I think that's where we have to -- before we vote
on this motion, we have to make sure that we've got that clarified in
regards to the exact amount so that the taxpayers here don't get hung
Page 223
September 23, 2008
on this particular item.
And I would hope that if that's light, that they'll take care of it in
order to get this done. And I think that was some of the issues that
Commissioner Coy Ie brought forth in regards, that this has to be done
before -- before January 31, 2009, or we then can stop everything over
there; is that correct?
MR. KLATZKOW: Yes, sir.
COMMISSIONER HALAS: Okay.
MS. CARON: I think the final-- that was my other point, was to
-- and you did that. You established a date, because if they get their
check essentially on a Monday, the county should have its check by
Monday afternoon, and that's what I just wanted to be sure.
The way it's set up here now, if the funds are going into escrow,
then we essentially have done that, and I'm happy. Thank you.
CHAIRMAN HENNING: Thank you.
Any further discussion on the motion?
COMMISSIONER HALAS: I just want to make sure that if you
find out -- or if Norm basically says that the end result, it's going to
cost more, that you'll make up whatever differences are to make sure
that when it's turned over to us it's done right, and if it comes up to
250-, then that's something that your developer and the bank are going
to have to figure out where that money's going to come from.
MR. YOV ANOVICH: And I know when you were saying you,
you meant the property owner --
COMMISSIONER HALAS: The property owner.
MR. YOV ANOVICH: -- not me, Rich Y ovanovich.
COMMISSIONER HALAS: Well, you're representing that
gentleman, so I need -- that's why I'm using that term you, because
right now you're tied with him. You're at his -- tied to his hip.
MR. YOV ANOVICH: I am tied to his hip, but I'm not the bank.
Yes, we understand it's a condition of the PUD. We have -- again, it's
a timing issue, not that the -- not that the providing of the
Page 224
September 23, 2008
interconnection is unnecessary. It's unnecessary that it be done prior
to the first CO. We just want to make sure, it's a timing issue, not a
removal of it as a planned product issue. So that's all we're asking for
is to relax the timing.
COMMISSIONER HALAS: And it will be done January 31st.
MR. YOVANOVICH: January 31, 2009.
CHAIRMAN HENNING: Is there any further questions on the
motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
.
saYIng aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries.
MR. MUDD: Just -- $230,000 in the escrow.
MR. YOV ANOVICH: Two fifty.
MR. MUDD: Two fifty.
COMMISSIONER COYLE: I don't really see any problem why
Mr. Yovanovich shouldn't be willing to provide some financial
subsidy to his client. I mean, the amount of money he's making off of
this is more than enough --
MR. YOV ANOVICH: Clearly.
COMMISSIONER COYLE: -- to do the entire intersection.
MR. YOV ANOVICH: No question about it.
Item #14A
Page 225
September 23, 2008
DIRECTION TO PREPARE AND SUBMIT, INDEPENDENT
FROM THE CURRENT OR NEXT SCHEDULED LAND
DEVELOPMENT CODE (LDC) CYCLE, LDC AMENDMENTS
APPLICABLE TO ALL PROPERTIES LOCATED WITHIN
STATE ROAD 29 COMMERCIAL OVERLAY SUBDISTRICT,
THE JEFFERSON AVENUE COMMERCIALOVERLA Y
SUBDISTRICT, THE AGRIBUSINESS OVERLAY
SUBDISTRICT, THE FARM MARKET OVERLAY
SUBDISTRICT, THE MAIN STREET OVERLAY SUBDISTRICT
AND POTENTIALLY OTHER AREAS WITHIN THE URBAN
DESIGNATED AREA AS DEPICTED ON THE IMMOKALEE
AREA MASTER PLAN, TO ESTABLISH A PROCESS
ALLOWING FOR DEVIATIONS FROM VARIOUS PROVISIONS
OF THE FOLLOWING LDC SECTIONS AND SUBSECTIONS:
4.05.00, OFF-STREET PARKING AND LOADING, 4.06.00
LANDSCAPING, BUFFERING, AND VEGETATION REMOVAL;
5.03.00 ACCESSORY USES AND STRUCTURES, SUBSECTION
5.03.02, FENCES AND WALL, SECTION 5.05.00
SUPPLEMENTAL STANDARDS FOR SPECIFIC USES,
SUBSECTION 5.05.05 AUTOMOBILE SERVICE STATIONS,
AND SUBSECTION 5.05.08, ARCHITECTURAL AND SITE
DESIGN STANDARDS, SECTION 5.06.00 SIGNS - DEVELOP
APPLICABLE LDC AMENDMENTS AND BRING BACK TO
BCC - APPROVED
CHAIRMAN HENNING: Next item is 14A, request for--
MR. MUDD: This is a request for direction to prepare and
submit independent from the current or next scheduled Land
Development Code, LDC, cycle, Land Development Code
amendments applicable to all properties located within State Road 29,
commercial overlay subdistrict, the J efferson Avenue commercial
overlay subdistrict, the Agribusiness overlay subdistrict, the farm
Page 226
September 23, 2008
market overlay subdistrict, the Main Street overlay subdistrict, and
potentially other areas with the urban designated areas depicted on the
Immokalee Area Master Plan to establish a process allowing for
deviations from various provisions of the following Land
Development Code sections and subsections: 4.05.00, off-street
parking and loading; 4.06.11, landscaping, buffering, and vegetation
removal; 5.03.00, accessory uses and structures; section 5.03.02,
fences and walls; section 5.05.00, supplemental standards for specific
uses; subsection 5.05.05, automobile service stations; and subsection
5.05.08, architectural and site design standards; section 5.06.00 signs.
Ms. Penny Phillippi, Immokalee CRA Director, will present.
MS. PHILLIPPI: Good afternoon, Commissioners. For the
record, I'm Penny Phillippi. I'm the Director of the Immokalee
Community Redevelopment Agency.
I'd like to give you a little brief update on where we're at in
Immokalee. We're -- as you know, in April we put out a request for
proposals looking for a c~nsulting firm to help us finish up our master
plan and Land Development Codes and so forth. And June 30th you
signed a contract with R W A Consultants, Incorporated.
As of last Wednesday, we received our revised master plan, and
Thursday night we're doing a presentation and a public workshop
discussion on that master plan, so you should be seeing it fairly soon.
At the same time that we're working on our master plan, we're
also developing a set of Land Development Codes separately for
Immokalee as per your instruction. And what we're asking for today
are two things. Number one, the opportunity and the direction to
create an interim Land Development Code, and secondly, a cycle, a
code amendment cycle to administer those Land Development Codes
or to allow them to be administered by us.
So at this point, I would like to introduce Bob Mulhere. He's our
consultant with R W A and he can discuss this proposal a little better
probably.
Page 227
September 23, 2008
MR. MULHERE: Good afternoon. Bob Mulhere with R W A.
And I think we probably -- we maybe caused more confusion than we
intended to on this item.
We were under the impression that there -- if you recall a while
back, the board had a discussion about LDC amendments and that
there really have been a lot of amendments and the board, I think,
actually gave some direction that there would be no more amendments
unless they were a positive, I think, economic component or
something along those lines.
So I was under the impression that we would be unable to submit
an amendment for some period of time, some unknown period of time,
and that's why we wrote the executive summary. We wanted your
direction to be able to go forward and prepare an interim LDC
amendment that would create a deviation process, and that was really
based on the information that we heard from you on several occasions
when variances in Immokalee were brought forward.
And I know there was conversation, we should make this process
easier, and that's what we're supposedly doing. So we weren't asking
your review of the content of the LDC amendment at this process;
more so we were asking for the ability to actually come forward and to
-- first to write an amendment and then to submit it to you I guess
what we thought was out of cycle.
So I don't know if there's going to be an official amendment
cycle, and if not, we're asking for permission to do that. If there is, we
can submit it as part of that.
CHAIRMAN HENNING: Commissioner Coletta, Commissioner
Halas.
COMMISSIONER COLETTA: Yeah. Bob, what we're looking
at is a deviation from some very basic, what do you want to call it,
codes that have nothing to do with health, safety, and welfare. These
are codes that have to do with the --
MR. MULHERE: Architectural standards --
Page 228
September 23, 2008
COMMISSIONER COLETTA: -- architectural standards--
MR. MULHERE: -- signs --
COMMISSIONER COLETTA: -- planning --
MR. MULHERE: Parking.
COMMISSIONER COLETTA: -- the colors of paint, all the
types of things that have been a bothersome thing for Immokalee for
some time, a standard, a coastal standard that Immokalee has a hard
time living up to and been able to operate and compete with the rest of
the surrounding area.
In talking with Mark Strain about this, he said that he would
suggest that we try to set up the mechanism whereby we recognize
this as a minor deviation that could be handled within a certain scope;
in other words, within the limitations of what we agree to by the
Planning Commission rather than have to make it go through a long
process that's going to be dragged out for months and cost, what is it?
How much does it cost to put in variances?
MR. MULHERE: Four thousand dollars.
COMMISSIONER COLETTA: Four thousand dollars?
MR. MULHERE: Plus.
COMMISSIONER COLETTA: And we've got businesses out
there that are trying like crazy now to survive, they're trying to grow
their infrastructure. And Penny's got many examples of that out there.
We also have nonprofits. Remember recently we had them come
before us from Farm Workers Village, and they had serious issues
having to deal with trying to comply with what was taking place, a
PUD that was put together years ago and looking for us to be able to
find a way to be able to go forward by relaxing the standards for the
vegetation. I forget what -- some of the other things, irrigation, some
of the things that were not part of life, health, safety, and welfare.
They're amenities over and above that.
And, of course, we'd be able to -- or the Planning Commission
would be able to weigh in on these things. But I'm suggesting the
Page 229
September 23, 2008
Planning Commission because I know this commission is heavily
burdened with EDC (sic) -- with the cycles we're going through with
the LDC now and a bunch of other issues.
And what I'd like to see them be able to do is come back with us
at another agenda in two weeks or three weeks, whatever it's going to
take to pull it together and give us a couple different options.
MR. MULHERE: Probably take a little bit longer than that, but
we would do it as quickly as we could, and it would still required a
code amendment though. You recognize that, right?
COMMISSIONER COLETTA: I do.
CHAIRMAN HENNING: Commissioner Halas, and then I will
go.
COMMISSIONER HALAS: Yeah. I understand what you're
trying to do there, Penny. And I think that one of the things that really
needs to be done and to get approved first is basically to come up with
the master plan. You say that you're very close to the master plan. So
I think that needs to be done before we start looking at any LDC
changes, because I believe it could be problematic in the fact that we
change our codes for one area and don't change it for another area, and
there's no overlay or a master plan. And I know that when the CRA
that's in Fiala's area--
COMMISSIONER COYLE: Bayshore.
COMMISSIONER HALAS: Yeah, Bayshore, that they came up
with a -- basically an overlay or master plan, and then from there we
could direct exactly what needed to be done to address the issues that
you're bringing forth today. So really, I think that's the first thing that
needs to be done, and then I think we can address your other issues.
MR. MULHERE: Commissioner Halas, I just want to clarify, for
the record. When we say we're close, we're close. We're close to
submitting to the staff a comprehensive plan set of amendments. We're
18 months to two years away before that could even be approved
through the statutory process of transmittal and adoption.
Page 230
September 23, 2008
So, I mean, I just think it -- we're close to getting it in, yeah, but
it's still got quite a review cycle.
COMMISSIONER HALAS: Well, this has been going on for a
number of years.
MR. MULHERE: I know, I know.
COMMISSIONER HALAS: Okay. So I'm hoping that we get to
the point where there is -- it didn't seem to take that long with
Bayshore, so I'm hoping --
MR. MULHERE: I don't know about Bayshore. I know I've
only been doing this for 60 days. So if it's taking a long time, I know
I'm not responsible for it.
COMMISSIONER COYLE: You're going to get blamed though.
MR. MULHERE: I know. I can see that.
CHAIRMAN HENNING: You know, I agree with you, it needs
to be done, but we do have overlays in other areas that is not in the
Growth Management Plan, such as Goodland, in the Goodland --
when we have these and standards of fishing village-type thing.
So I understand, but I think it's really the committee's issue what
has slowed this down, and I think it's very apropos, Commissioner
Halas' comments, and I would like to see it come forward, too.
But they need to recognize Immokalee is a different community
and they need to market their community based upon LaBelle -- Belle
Glade, and so on and so forth and get 'er done.
If you bring it back for a delegation to the Planning Commission,
I just want certain criteria that they could only deviate -- have a
deviation process from the existing road.
COMMISSIONER COLETTA: That would be fine. That gets us
to where we need to be, if I'm not mistaken. All we need is
permission to be able to bring back something to this commission to
.
reVIew.
COMMISSIONER HENNING: Yeah. And I don't want to see
all those deviations, and I agree with you, as long as it has certain
Page 231
September 23, 2008
criteria.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I think the criteria is the crux of the
problem. You know, we've been talking about doing something
different for Immokalee for a long time. Last time we had this
discussion we said, whenever the master plan is complete and we
understand what the people want Immokalee to look like, then we'll
~tart talking about some deviations and some flexibility.
But I can remember back in the '50s when Florida had terrible,
terrible loaning laws. It was a hodgepodge of all sorts of construction,
residential, commercial, side-by-side mixed up, pretty much what
Immokalee has got in a lot of places today.
So Immokalee is starting from a time that is substantially
different from the rest of the county, and they need as much help as
they can. But we don't want to go through a progression of going from
what it was like in the '50s to what it was like in the '60s, and then
doing it again for the '70s, and then doing it again for the '80s and the
'90s.
What we want to do is do something that brings the people of
Immokalee to the point where they want to be today. And I know it's
going to be different than the rest of the county, and there's nothing
wrong with that. But we haven't seen it. 'We don't know what it is.
So you bring to us a request for deviation now, how are we going
to provide -- put that in context? How are we going to say, yes, this
deviation makes sense, unless we know what the overall goal is going
to be. Because I can guarantee you we will make a mistake that will
haunt us for decades.
. MR. MULHERE: Yep.
COMMISSIONER COYLE: And that's the kind of risk that is
not in the best interests of the people of Immokalee.
MR. MULHERE: I don't disagree with you. In fact, we had that
very discussion. I had the discussion that we needed to get through
Page 232
September 23, 2008
the master plan first. And the committee felt strongly that they want
to have some relatively simple but interim deviation process based on
some several recent variances that came forward that you all
approved.
And my suggestion was, let me prepare some language, but I
didn't want to waste the money and the time to do that without you
saying it was okay to prepare the language. I'm not asking you to
approve the language today. I haven't even written it.
And it would be very limited, very controlled, as to what was
suggested here, and -- so that there wouldn't be the risk of some great
harm and it would be very limited as to what sections of the code it
applied to as well, but it wouldn't be a variance because then it
wouldn't be tied to a hardship. It would be a deviation that first would
be vetted by the committee before coming to you or to the Planning
Commission.
So that was my -- that was my idea, and that's the way I brought
it -- that was the contention that I intended to bring it back. There are
conditions that would be placed on it. Because I don't disagree what
you said. We can't take this too far because we don't have the master
plan yet.
COMMISSIONER COYLE: That's right. Now, the problem I've
got is that a deviation must always take into consideration
compatibility issues. And you can't deal with compatibility issues
unless you know exactly what location you're talking about and what
types of structures and what type of neighborhood is desired there, not
what exists there today.
You've got to -- you've got to base that deviation on what is
going to be there in the future or what you want to be there in the
future, because you make the wrong decision, you grant a deviation
here, and then suddenly you find out what you really wanted to
happen in this neighborhood can't be done because you granted that
deviation there.
Page 233
September 23, 2008
That is a dangerous way to proceed, and I don't see any way out
of it. And I do not want to get led down that path.
It's a lot like deciding right now we're going to grant a deviation
and we're going to put -- landscape the medians on limerock roads,
you know. That's exactly -- exactly what we're talking about doing
here, okay.
First, like Commissioner Coletta says, we need to pave those
limerock roads, and then once we pave them, sometime 15 or 20 years
from now, we --
MR. MULHERE: I think I may have --
COMMISSIONER COYLE: -- we can talk about landscaping,
and that's where we really are here. We've got to deal with this in a
more logical fashion.
MR. MULHERE: And certainly, obviously, we're going to
follow whatever direction the majority of the board, you know, tells us
to go in. But I still -- I just want to clarify it. I don't want to give you
the impression that we're talking about something that's a deviation
that's going to occur across the broad spectrum of the neighborhood or
even, you know, along Main Street, you know, that's going to affect an
entire geographic area or a neighborhood.
We're really talking about relatively small stuff here, and that's
all I would say. I mean, I know you haven't had a chance to look at
the language yet and, therefore, you have to take, you know --
COMMISSIONER COYLE: Yeah. But what I would do -- just
to conclude. What I would suggest, is that if you have some
opportunities for development, something to improve some building
or some block, some street in Immokalee --
MR. MULHERE: And that's the concern.
COMMISSIONER COYLE: Okay -- describe what you really
think is necessary in order to accomplish that, and then run it through
the process and let us all take a look at it, and then we can deal with it
on a smaller scale with something that we can see that we understand
Page 234
September 23,2008
and then make a decision.
If the problem is -- if the process is too cumbersome or too
costly, then let's talk about finding a solution to those two problems,
cost and time, but let's not violate our Land Development Codes just
in an attempt to give somebody the right to rush ahead and develop
something before standards are established.
CHAIRMAN HENNING: Okay. Commissioner?
COMMISSIONER COLETTA: And I understand, the last time
we had this before us it was a completely different picture. We had a
suggestion that we give up everything as far as code enforcement and
everything else in Immokalee, and nobody was willing to accept that.
CHAIRMAN HENNING: Just to chickens.
COMMISSIONER COLETTA: Yeah. Well, chickens are a fact
of life. You can't catch those suckers no matter how hard you try.
COMMISSIONER COYLE: Shoot them.
COMMISSIONER COLETTA: Well, I gave you one example
with Farm Workers Village and how we're trying to get there.
Penny, would you cite a couple more examples of what we're
talking about? Maybe we can give a comfort level with the
commission to be able to go forward, at least bring something back at
another meeting.
MS. PHILLIPPI: Well, there are several examples that I can give
you, because two or three businesses come to the advisory board every
single month. They have something we call the red flag issue, and at
that point in time citizens can come with their plans and hopes for the
future for a business in Immokalee and then cite all the reasons why
they can't do their particular business.
The other example that I -- and this is monthly. I'm very serious,
two to three, sometimes four business -- potential business owners,
small businesses, I'll grant you, come to this advisory board with a red
flag issue.
The other issue is our facade grant that we've only recently
Page 235
September 23, 2008
approved where we told folks, if you will fix up the front of your
business and make it look, you know, in the cultural-- to reflect the
cultural diversity of our community, then we could grant you $20,000
and you could match it, and slowly but surely we could turn -- we
could brand Immokalee with the kind of community that we're hoping
to develop to attract tourists.
But the fact is, under our current code, you can only paint colors
that are earth tones, which is exactly opposite of reflecting the cultural
diversity of Immokalee, and architectural styles require setbacks. I
don't know what you call them, but you have to have recesses in the
building structure, and there's a Florida style -- which is beautiful, I
love it -- but I don't believe that it really reflects the cultural diversity
of that community in the way that we want it to.
We're also in the process of creating our town design that -- for a
public realm with plazas and things like that. Those are going on at
the same time.
We were hoping that, you know, since our population is 70
percent Mexican -- and 40 percent of the migrant farmworkers didn't
come back this year . We realize our downtown merchants have lost
40 percent of our business.
So this was the perfect opportunity to start getting those groups
together and saying, you know, maybe it's time to diversify. The
casino is packed by noon, and those folks drive right past your
business.
So at this point in time, they're saying, you know, there may be
something to this, you know, selling things to the tourists, and we're
actually getting a lot of interest in the community. We've had five
applications for our facade grant program.
So this is -- this is one of the biggest impediments to actually
implementing the programs that we've designed and presented to the
community .
CHAIRMAN HENNING: Okay. We're past our break, you
Page 236
September 23, 2008
know.
MS. PHILLIPPI: I'm sorry.
CHAIRMAN HENNING: I don't know. Do you --
MR. MULHERE: One possibility might be --
CHAIRMAN HENNING: About taking a break?
MR. MULHERE: No. Whatever you say, sir. I was just going
to offer one solution that might be helpful.
CHAIRMAN HENNING: I want to get beyond this, either that
or we're going to take a break. Want to take a break?
COMMISSIONER COYLE: I could go on if the court reporter
can.
THE COURT REPORTER: I'm fine.
CHAIRMAN HENNING: Go ahead.
COMMISSIONER COLETTA: Want me to make a motion?
CHAIRMAN HENNING: Yeah.
COMMISSIONER COLETTA: I'd like to make a motion that
we allow them to develop something that may be appealing to the
commission for the commission to weigh in at a future meeting.
COMMISSIONER FIALA: That sounds fair to me. I'll second
the motion.
CHAIRMAN HENNING: Okay. There's a motion and a second
to basically allow Mr. Mulhere and the CRA to develop something
and bring it back to the board that is appealing to the board. Go
ahead.
COMMISSIONER COYLE: One of us was first. I'm not sure
which.
CHAIRMAN HENNING: Oh, was you -- I thought you were
first.
COMMISSIONER COYLE: Okay. Well, I don't have any
problem with the motion; I will support the motion. But here's what
you must be very, very careful about. The demographics of
Immokalee are going to change if Immokalee is going to change. If
Page 237
September 23, 2008
you're going to attract the kind of businesses that you want to attract in
Immokalee, it will no longer be a farmers' village. It will no longer
become a city that is populated heavily by migrant farmworkers.
Ave Maria is going to have a profound impact upon that entire
area. Property values are going to increase. So your demographics
are going to change dramatically. You decide upon an architectural
theme and color schemes that meet the demographics today, you're
going to be sorry you did that in five to 10 years from now.
You've got to get beyond what Immokalee is today and decide
what Immokalee is going to be in the future, and that's what I don't
think is happening here.
And so if you come back with something, please take that into
consideration, because I am going to be very, very concerned if you
don't.
CHAIRMAN HENNING: Commissioner Halas?
MR. MULHERE: Appreciate the advice.
COMMISSIONER HALAS: The concern I have on what's been
proposed so far is I hope this isn't a way to circumvent what really
needs to take place, and that is to come up with a master plan.
I believe the master plan, they've been working on this for a
number of years, and they haven't come up with anything yet. And I
hope this isn't a way of trying to circumvent what they really need to
get done, and I hope it's not being driven by one or two individuals,
that the overall spectrum is that everybody realizes that they need to
come up with something, and as Commissioner Coy Ie said, have some
vision, because obviously there's going to be some changes.
There's going to be a transition, and I've always said that
Immokalee is going to go through a transition here, and it's not going
to be what it is today, and especially, I believe, the casino out there
wants to build a, what, five- or six-story hotel. That's got to be
weighed into what's going to be attracted out there.
So I'm not sure if I can support the motion because I don't know
Page 238
September 23, 2008
whether this is a way to circumvent what -- the master plan.
MR. MULHERE: Yeah, no. Commissioner Halas, I can assure
you that we're not circumventing the master plan. We've already
given them a draft, which is considerably different than what had been
developed to date.
We're going to have a workshop on this coming Thursday
evening. We're going to submit it to staff. They're going to review it
and have comments. But soon, fairly soon, it's going to come to you.
And Commissioner Coyle, I assure you that we are looking to
develop something that does look into the future. We're taking input
obviously from the community. That's required. It's paramount. We
have to. That's where the input's coming. And we're providing our
expertise in terms of, how do you write that, how do you put that into
some language that will make that happen? What goals, objectives,
and policies will help us get there?
And you're right, there's some critical issues about economic
development.
Just very briefly, if you think about it, you're going to have Ave
Maria, you'll have Big Cypress, you'll have, on top of several another
RLSA developments that will have their own neighborhood,
commercial and mixed-use developments that will provide jobs that
will have a very positive -- I agree with you -- a very positive impact
in the Immokalee area.
But what we have to figure out is, how does downtown
Immokalee not only survive, but thrive and change in that atmosphere,
in that climate, and what will bring people to Immokalee beyond the
casino, or from the casino, into downtown. And those are the issues
that we're looking at.
So I do want to give you some sense of comfort that we really are
-- this is just one very small issue that I was asked to present to
provide some relief through a process in the interim period.
CHAIRMAN HENNING: Commissioner Fiala?
Page 239
September 23, 2008
COMMISSIONER FIALA: Yes. I think -- I've listened and I
agree with everything everybody's said, but as long as you don't
provide another type of housing, you are always going to be the
catchall --
MR. MULHERE: I agree.
COMMISSIONER FIALA: -- for Big Cypress, for Ave Maria,
for all of the low-income housing. As long as you're only the catchall
for low-income housing and you don't provide middle income, you're
not going to attract businesses there, number one, to have high-wage
jobs because there's no place for them to live; and secondly, you're not
going to have any buying power to attract retail businesses.
This is what we're dealing with on U.S. 41. If you don't have -- if
you don't have people who are buying year-round, why -- what is the
incentive for a retail business to come in and locate there? They're
going to locate in Ave Maria or Big Cypress because there isn't any
buying power.
So I hope when you're doing your plan you're taking into
consideration what type of housing you'll need in order to incentivize
this plan.
MR. MULHERE: Yeah, we are looking at housing. I mean, the
question is, how can we develop a plan that let Immokalee --
downtown Immokalee and the Immokalee urban area stand up on its
own and improve itself and move forward? And I think we're going to
get there this time. Soon. Not in a long time from now. Soon.
Thank you.
CHAIRMAN HENNING: Well, the resolutions or proclamation
on domestic abuse is apropos to this item because we abused this item
quite a bit. So if we've talked about it enough, if there's no more
discussion, I'd like to take a vote.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
Page 240
September 23, 2008
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Motion carries 4-1.
MS. PHILLIPPI: Thank you.
CHAIRMAN HENNING: Thank you. How many items do you
have, County Manager?
MR. MUDD: To talk about, sir? I have about five.
CHAIRMAN HENNING: Terri, how you doing? Do you want
to take a break, five-minute break to stretch? Five-fifty be back.
COMMISSIONER HALAS: Yep.
CHAIRMAN HENNING: Otherwise you lose your time to talk.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN HENNING: Okay. It's County Manager's report.
MR. MUDD: Commissioner Halas, I got to get you close to get
three commissioners.
Yes, sir. First is -- first is the meeting that transpired two weeks
ago, the board voted on a $25,000 audit of the clerk to determine if
he's basically following your resolution. That audit has not started
yet. My recommendation is that the chairman write a letter to the
clerk basically saying that our auditor will be there next Monday at 11
o'clock so we can get the audit started.
CHAIRMAN HENNING: Okay.
Page 241
September 23, 2008
COMMISSIONER COLETTA: Okay.
CHAIRMAN HENNING: Okay?
COMMISSIONER FIALA: Yes. Do you need us to vote on that
or make a motion or something?
MR. MUDD: I think I have two nods of the three commissioners
that are standing there, and Commissioner Coyle is -- I don't know
which way Commissioner Coyle is on that one. Now I have three
commissioners, I believe, for it.
And Mr. Klatzkow's going to talk about a closed attorney-client
session. We'll get at that one.
I want to make sure that the board's aware -- and this is important
to Norman and to the county.
There was a newspaper article coming out of Bonita that
basically talked about the next joint MPO meeting that this board was
going to attend, and there seems to be some -- there seems to be a rub.
This has to do with the $10 million that's left over from the -- I believe
it's the Coconut interchange and how it's going to be divvied up.
And it's obvious that the Lee County Commissioners, or their
MPO, want all the monies to be in Lee County. There's probably
some uses for some of that money in Collier County. But I just want
to make sure that the -- that you understand that there's statements in
this article that says, the Lee County MPO has 15 members, and
Collier County has nine, and somebody that used to work for us
basically is saying, well, they get one vote per meeting, so worst
comes to worse, they can out vote you. I want to make sure that you
need to be aware of that.
COMMISSIONER HALAS: Wrong.
MR. MUDD: If you haven't looked at that particular article, that
you're aware of it, and that the next joint MPO meeting that you have
with the Lee County MPO is probably a very important one to attend.
The next item on the agenda has to do with a letter that
Commissioner Henning received from Fort Myers Beach, the mayor
Page 242
September 23, 2008
there, which is Mayor Larry Kiker. And he basically is asking if they
can use the Collier County building department, who has a wonderful
reputation -- make sure that you read that -- a wonderful reputation,
and they would enjoy a building relationship with Collier County in
the short-term until they can get their building department in order
because they are breaking their contacts with the Lee County building
department.
And if it's okay with this board, I will make sure that, number
one, that no businesses or permits in this county are slowed down
because of this relationship; that's number one. Our number one
agenda is we make sure we provide services to this county. But if the
board would like us to talk to them to determine if there's a short-term
solution that this county can provide them, I'm going to need board
direction in order to do so.
CHAIRMAN HENNING: Commissioner Halas, then
Commissioner Coletta.
COMMISSIONER HALAS: I think this is a great way of
generating income for community development, and I'm -- think all of
those people that work in community development ought to be
flattered. I know that I as a commission (sic), am flattered that they
would like us to assist them in this manner.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Well, I grant you, I think they
should be flattered, but if you remember, we just went through the
memo about the imbalance of the MPO and how someone's going to
take advantage of us.
I really think that at this point in time, the best thing to do would
be have the chair contact his counterparts in Lee County and talk to
them a little bit. I am not excited about going in there in somebody
else's turf and muddying the waters.
MR. MUDD: This isn't Lee County. This is the City of--
COMMISSIONER HALAS: Fort Myers.
Page 243
September 23, 2008
MR. MUDD: -- Fort Myers Beach. We've got a request from the
mayor, and at this juncture we either need to respond in the
affirmative, or at least check it out to see what we can come back with
and come back to the board with something on 14 October or we need
to tell them we're not interested.
CHAIRMAN HENNING: Commissioner Coletta -- or Coyle.
COMMISSIONER COYLE: Imagine how we would feel if
Immokalee or Everglades City did the same thing, or Naples. They
say they are taking over all building department services from Lee
County beginning October 31, 2008.
I think we're asking -- or we're putting ourselves in the middle of
a battle between Lee County Commission and the Fort Myers city
government. That doesn't mean we have to be nonresponsive.
I can remember a time when I was on the city council in Naples
where someone, some other city, asked us to provide some consulting
support to them to help them through some tough times, and we did
that.
I think we can -- we could volunteer to provide some consulting
services for them. I gather that what they're looking for is interim
support or help, perhaps, if they wanted to -- if we wanted to send
some people up to consult with them. But I don't -- I would be
reluctant to become their building department for a period of time.
MR. MUDD: I don't think that's what they're asking for. They're
looking for something to bridge the gap between when they can bring
their own building department on.
COMMISSIONER COYLE: Well, it looks to me like they're
asking us to do the building department functions until they can take
them over.
MR. MUDD: Yes, sir.
COMMISSIONER COYLE: And I would suggest that if we
want to be neighborly and provide them with some consultants to help
them a little bit to make the transition, I would be happy to do --
Page 244
September 23,2008
happy to support that. But I don't know that I want to be the building
department for Fort Myers Beach for any period of time.
CHAIRMAN HENNING: May I make a suggestion? There's
always two sides of the story. Not knowing what happened in this --
get some more information. We have a workshop, Monday or
Tuesday? Actually we have a workshop on Tuesday?
MR. MUDD: Well, you have one on the 29th, sir.
CHAIRMAN HENNING: Yes. And we also have one on the--
I believe, the 30th, too.
MR. MUDD: Yes, sir, plus you've got a Land Development
Code this week, too.
CHAIRMAN HENNING: Right. If all you need is direction,
can we give that direction at that time --
MR. MUDD: Yes, sir.
CHAIRMAN HENNING: -- instead of this meeting? More
information. I think, you know, what's the sudden change? Is it a
difference of opinion or could it be that Lee County just doesn't want
to do theirs anymore? I don't know. Commissioner?
COMMISSIONER COLETTA: I'd task you with calling up the
Lee County Commissioners, a couple of them, and try to get the feel
from their perspective. You can't ask staff to do that.
CHAIRMAN HENNING: Not the county commission, but the
counterpart in the building department in Lee County. I think, you'll
get a -- more of a direct answer than filtering it through because it
goes up, then sideways, and then to a county commissioner. You
might get more of an answer.
MR. MUDD: See if I can't do some staff work and try to figure
out what's both sides of the story and bring it back to the board as soon
as I can.
CHAIRMAN HENNING: All right. Is that okay?
COMMISSIONER HALAS: Sure.
COMMISSIONER COYLE: Okay with me.
Page 245
September 23, 2008
COMMISSIONER COLETTA: Yeah.
MR. MUDD: All right. Next issue --
CHAIRMAN HENNING: Make the phone call, Joe.
MR. MUDD: Next issue has to do with SHIP. You noticed there
was probably a newspaper report that you heard that we basically said
hold on for SHIP . We have 53 applications right now for SHIP
monies, and based on the present policy where the loans could be 15
percent of the purchase price, we have gotten more applications than
you have SHIP dollars for the remainder of '09, okay.
And we need to make a decision -- and I'm -- to determine if you
want to proceed with the 15 percent as it sits right now with the
purchase price or if you want to go lesser.
Staff is recommending that you go to a less generous amount so
that you can try to -- and we're talking about a 4 percent down
payment closing cost assistance program versus this 15 percent.
And I'm going to give you something that came up the other day.
And this person that wrote me happens to be a young lad every once
in a while I would help him with his math program when he had
problems, and he's now a grownup.
And he had submitted a -- an application back in June, and he
qualifies for a 140,000 home, and he put in his application for the 15
percent and would be eligible to go up to almost 20,000, $23,000 in
SHIP funds.
And the application wasn't necessarily to be put up against 140-.
We found out that the home that he bid on was a $154,000 home. So
the SHIP monies were basically taking him at a level of
homeownership that he really wasn't eligible for, instead of chipping
away at the $140,000 piece that he was eligible for.
And what we're finding is, with the higher amounts and the -- and
the lower cost of affordable housing now in Collier County because of
the downturn in the housing market and the values that are concerned,
we're finding that the SHIP monies are becoming a lever to go into a
Page 246
September 23, 2008
house that's bigger than what they qualify for. They being the
applicant.
What I'd like to do, if -- with the board's okay -- and I'm bringing
this straight out of the blue, okay, and I understand that you're at a
great disadvantage. And I don't want you to decide on this. But what
I would like to do is I would like to provide you a memo on this
particular subj ect so that you can ask whatever questions, and then
either at the workshop on Monday or Tuesday, get some feedback
from you if that would be okay.
But we need to get this thing resolved before start the new FY.
And it's been brought to my attention, and we need to get after it and
make a determination. Is that okay?
CHAIRMAN HENNING: Okay with me. Okay with Marcy?
Right?
MS. KRUMBINE: (Nods head.)
MR. MUDD: Okay, sir. Thank you, sir. That's all I have.
CHAIRMAN HENNING: Wow, that was easy.
County attorney?
MR. KLATZKOW: Yeah. I have one matter, and the county
manager's putting it up. I'm giving notice of the shade session.
Notice is hereby given pursuant to Florida law, I'll be seeking
your advice in a closed attorney-client session on Tuesday, October
14, 2008, a time certain of 12 noon, the commission conference room,
third floor of this building.
In addition to myself, Mr. Mudd and Jacqueline Hubbard will be
in attendance. We will be discussing settlement negotiations and the
strategy relating to litigation expenditures in the pending litigation
case of Francis D. Hussey, Jr., Mary P. Hussey, Winchester Lakes
Corporation versus Collier County, the Honorable Charlie Crist and
Florida Department of Community Affairs. It's a case pending in the
20th Judicial Circuit in this county.
CHAIRMAN HENNING: Good. You don't need anything else
Page 247
September 23, 2008
on that, right?
MR. KLATZKOW: No, sir.
CHAIRMAN HENNING: Do you have any other things, words
of wisdom?
MR. KLATZKOW: No, sir. That's it.
CHAIRMAN HENNING: Who wants to start first? Ladies first?
COMMISSIONER FIALA: Okay. Thank you for being here.
Did a great job. That's all the comment I have.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
Mr. Mudd, at the last meeting under commissioner comments we
brought up about the possible reimbursement of commission --
Planning Commission members or maybe other advisory people. You
were going to bring back something for us.
MR. MUDD: Yes, sir. And I sent that as a task for Ms. Len
Price to be back to the board within 30 days, so --
COMMISSIONER COLETTA: Thank you, sir.
MR. MUDD: We haven't forgotten, sir.
COMMISSIONER COLETTA: Good meeting. Thank you.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Don't have anything.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER HALAS: Everybody have a nice evening.
COMMISSIONER COYLE: Yeah, I've got one thing. You
know, we really need to get serious about resolving this issue. We're
looking for ways to save taxpayer money ._ We're laying off
employees. We're not filling positions. We even gave some
consideration to eliminating EMS ambulances, but we will not,
apparently, take action to eliminate the $60,000 or so we pay the
clerk's representative to sit here on this dais all day long. It provides
no benefit to us. And that's no -- not intended as an insult to Crystal.
MS. KINZEL: Thank you.
Page 248
September 23, 2008
COMMISSIONER COYLE: She has been here faithfully every
meeting. She stays till the end. The point is, we created that position
for the clerk to be here with us so he could -- he could participate with
us, understand what we do, why we do it, and advise us if there was
something he felt was wrong.
He has never -- never attended these meetings, he's never
occupied this position, and we keep paying, what is it, $60,000 a year
for this?
MR. MUDD: Yes, sir, $60,000.
COMMISSIONER COYLE: This is insane. It's absolutely
insane. It serves no purpose. We don't get any benefit from it.
Crystal can get all the information she needs -- she can watch these
proceedings from her office if she wishes to, but she interfaces
sufficiently with our staff that she knows whatever's going on here
before we do in most cases.
So I would appeal to the commissioners to eliminate this
unnecessary expenditure for our budget. Would you --
COMMISSIONER COLETTA: You're right. I think I was the
one that pushed this into place.
COMMISSIONER COYLE: Y eah. You want to use it for
limerock roads.
COMMISSIONER COLETTA: And the reason being is I
wanted the clerk here so there would never be the excuse that we don't
communicate.
COMMISSIONER COYLE: Yes, and it's never worked.
COMMISSIONER COLETTA: It hasn't, it hasn't. Crystal's been
a wonderful addition --
COMMISSIONER COYLE: Yes, she has.
COMMISSIONER COLETTA: -- but I'd rather have her for
free.
CHAIRMAN HENNING: I'm not going to go there.
COMMISSIONER COYLE: So I guess, to conclude this, if we
Page 249
September 23, 2008
can't take action now -- I don't know if we can. Can we?
MR. KLATZKOW: Sure. Why not?
COMMISSIONER COYLE: All right. Then I would like to
make a motion that we modify our budget to eliminate this $60,000
expenditure --
COMMISSIONER HALAS: Second--
COMMISSIONER COYLE: -- effective --
COMMISSIONER COLETTA: Next meeting.
COMMISSIONER COYLE: -- next meeting.
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: Yeah, that's to give staff direction to
bring a budget amendment back.
COMMISSIONER COYLE: For approval.
CHAIRMAN HENNING: Right, okay. There's a motion by
Commissioner Coyle, and who seconded it, Commissioner Coletta?
COMMISSIONER HALAS: Coletta.
CHAIRMAN HENNING: The only question I have, Crystal-- I
mean, you -- you're still an integral part with the operations. Does that
mean I won't see you every Monday before the meeting?
MS. KINZEL: For the record, Crystal Kinzel. Commissioner, I
obviously have to take this back to the clerk--
CHAIRMAN HENNING: Okay.
MS. KINZEL: -- for review.
CHAIRMAN HENNING: All right. All in favor of the motion,
signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Page 250
September 23, 2008
CHAIRMAN HENNING: Motion carries unanimously.
Is there anything else?
COMMISSIONER COYLE: Not from me.
CHAIRMAN HENNING: Okay. Well, I'm -- I think we've had
enough fun here, but I need a motion to --
COMMISSIONER HALAS: Motion to adjourn.
CHAIRMAN HENNING: Motion by Commissioner Halas.
COMMISSIONER COYLE: Second.
COMMISSIONER COLETTA: Third.
CHAIRMAN HENNING: Second by Commissioner Coyle,
third by Commissioner Coletta.
Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER COYLE: Aye, aye, aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
****Commissioner Coyle moved, seconded by Commissioner Fiala
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted * * * *
Item #16Al
PUD AMENDMENT ZONING FEE REDUCTION REQUEST FOR
THE ORANGETREE PUD PETITION, PUDZ-2003-AR-3608:
ORANGETREE ASSOCIATES, PETITIONER, REPRESENTED
BY DAVIDSON ENGINEERING, INC. - THE CURRENT
RESUBMITT AL FEE PER THE CURRENT FEE SCHEDULE
Page 251
September 23,2008
WOULD BE $8~453 TO BE PAID BY THE PETITIONER
Item #16A2
FINAL PLAT OF FIRST ASSEMBLY I FOUNTAIN LAKES-
LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26
EAST
Item # 16A3 - Moved to Item # 1 7F
Item #16A4
RESOLUTION 2008-278: ROADWAY (PRIVATE) AND
DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
WHITE LAKE CORPORATE PARK, PHASE FOUR WITH THE
ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIV ATEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A5
RESOLUTION 2008-279: ROADWAY (PRIVATE) AND
DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
BRIARWOOD UNIT ELEVEN. THE ROADWAY AND
DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y
MAINTAINED WI RELEASE OF THE MAINTENANCE
SECURITY
Item #16A6 - Moved to Item #10P
Item #16A7
Page 252
September 23, 2008
FINAL AND UNCONDITIONAL CONVEYANCE OF THE
WATER UTILITY FACILITY FOR MOBIL SERVICE STATION
LOCATED AT THE INTERSECTION OF IMMOKALEE ROAD
AND CREEKSIDE TRAIL - W/RELEASE OF ANY UTILITIES
PERFORMANCE SECURITY
Item #16Bl
ENDORSE THE APPOINTMENT OF FLOYD CHAPIN TO THE
COLLIER METROPOLITAN PLANNING ORGANIZATION'S
(MPO) CITIZEN ADVISORY COMMITTEE (CAC) AS THE
DISTRICT 3 REPRESENTATIVE
Item #16B2
AMENDMENT TO AGREEMENT RELATED TO THE SIX-
LANING OF DAVIS BOULEVARD (PROJECT NO. 60073) -
SUBSTITUTING THE WARRANTY DEED WITH A SPECIAL
WARRANTY DEED IN THE ORIGINAL PURCHASE
AGREEMENT
Item #16B3
BUDGET AMENDMENT TRANSFERRING APPROPRIATIONS
OF $ 177,000.00 FROM THE MSTD GENERAL FUND (FUND
111) RESERVE FOR CONTINGENCIES TO A FUND CENTER IN
THE SAME FUND FOR TROPICAL STORM FAY RELATED
EXPENDITURES - TO OFFSET EXPENSES CONNECTED WITH
REPLACEMENT/REP AIR OF DAMAGED LANDSCAPE
. TREATMENTS
Item #16B4
Page 253
September 23, 2008
DEED OF CONSERVATION EASEMENT TO THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) FOR
THE 98.4 ACRE AND 10.5 ACRE MITIGATION PARCELS FOR
THE LEL Y AREA STORMW A TER IMPROVEMENT PROJECT
(LASIP) LOCATED IN COLLIER COUNTY, FLORIDA - FOR
PROJECT #51101
Item #16B5
FIRST AMENDMENT TO THE SEPTEMBER 27, 2005,
AGREEMENT ENTERED INTO BETWEEN MCDONALD
TRANSIT ASSOCIATES, INC. AND COLLIER COUNTY,
WHICH PROVIDES FOR CONSOLIDATED MANAGEMENT
FOR THE COLLIER AREA TRANSIT AND PARA TRANSIT
SYSTEMS, TO ALLOW AN OPPORTUNITY TO MEDIATE THE
RATE OF COMPENSATION FOR THE FINAL TWO YEARS OF
THE AGREEMENT - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16B6
WORK ORDER#AAI-FT-3588-08-03 TO ARDAMAN &
ASSOCIATES, INC. FOR THE QUALITY ASSURANCE AND
MATERIALS TESTING SERVICES FOR SANTA BARBARA
BOULEVARD EXTENSION CONSTRUCTION PROJECT FROM
RATTLESNAKE HAMMOCK ROAD TO DAVIS BOULEVARD
(PROJECT #60091), USING THE ANNUAL CONTRACT FOR
MATERIALS TESTING SERVICES, CONTRACT NO. 04-3588,
IN THE AMOUNT OF $312,000 - WAIVING THE $200,000
WORK ORDER LIMIT
Page 254
September 23, 2008
Item #16B7
REJECT BID NO. 08-5111 "RADIO ROAD BEAUTIFICATION
MSTD/MSTU ROADWAY GROUNDS MAINTENANCE" AND
AUTHORIZE STAFF TO REISSUE A MODIFIED
SOLICITATION
Item # 16B8
RESOLUTION 2008-280: EXECUTE MEDICAID CONTRACT
AMENDMENT NUMBER 7 BETWEEN COLLIER COUNTY
AND THE FLORIDA COMMISSION FOR TRANSPORTATION
DISADVANTAGED FOR A FUNDING INCREASE IN THE
AMOUNT OF $125,760.00 FOR THE PROVISION OF
TRANSPORTATION FOR QUALIFIED MEDICAID RECIPIENTS
Item #16B9
BUDGET AMENDMENT TO CORRECT THE REVENUE
BUDGET FOR THE FLORIDA DEPARTMENT OF
TRANSPORTATION SERVICE DEVELOPMENT GRANT IN
THE AMOUNT OF $95,000 - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16BI0 - Moved to Item #100
Item #16Bll
REJECT BID #08-5071, "U.S. 41 NORTH TAMIAMI TRAIL
EFFLUENT WATER CONVERSION" - AS DETAILED IN THE
EXECUTIVE SUMMA Y
Page 255
September 23, 2008
Item #16Cl
BUDGET AMENDMENTS OF APPROXIMATELY $1,800,000 TO
TRANSFER PROJECTS FROM VARIOUS WATER AND
WASTEWATER CAPITAL PROJECTS FUNDS TO A 2006
REVENUE BOND PROCEEDS FUND TO SEGREGATE THE
PROJECTS FUNDED BY THE 2006 REVENUE BOND - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item # 16C2
AWARD BID #08-5096 TO PERKIN ELMER IN THE AMOUNT
OF $101,747.30 FOR THE PURCHASE AND INSTALLATION OF
A SIMULTANEOUS, DUAL VIEWING INDUCTIVELY
COUPLED PLASMA OPTICAL EMISSION SPECTROMETER-
MEETING OPERATIONAL NEEDS AND STAYING IN
COMPLIANCE WITH REGULATORY REQUIREMENTS
WHILE INCREASING EFFICIENCY IN THE POLLUTION
CONTROL LABORATORY
Item #16C3
COLLIER COUNTY WATER-SEWER DISTRICT'S
PARTICIPATION IN A PHOTOGRAPHIC DOCUMENTARY OF
THE WATER DEPARTMENT AND ITS FACILITIES WITH
INDEPENDENT PROFESSIONAL PHOTOGRAPHERS DENNIS
GUYITT AND TERRY ALCORN -AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16C4
COMMUNICATION OF CONCERNS FROM THE COLLIER
Page 256
September 23, 2008
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") - REGARDING THE
PROPOSED TWO DAYS A WEEK LANDSCAPE IRRIGATION
VERSUS THE CURRENT THREE DAYS A WEEK LANDSCAPE
IRRIGATION
Item #16C5
BUDGET AMENDMENT TRANSFERRING APPROPRIATIONS
OF $500,000.00 FROM THE COLLIER COUNTY W A TER-
SEWER DISTRICT OPERATIONS FUND (FUND 408), RESERVE
FOR CONTINGENCIES TO A FUND CENTER IN THE SAME
FUND FOR TROPICAL STORM FAY RELATED
EXPENDITURES - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16Dl
RESOLUTION 2008-281: AMENDMENT BETWEEN COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS AND THE
AREA AGENCY ON AGING OF SOUTHWEST FLORIDA TO
REFLECT A DECREASE OF $504.27 IN GRANT FUNDING FOR
NUTRITION SERVICES
Item # 16D2
Page 257
September 23, 2008
RESOLUTION 2008-282: COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP
PROGRAM (HOME) AND EMERGENCY SHELTER GRANT
(ESG) CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2007-
2008 AS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD), AND AUTHORIZE THE
CHAIRMAN TO CERTIFY THE CAPER FOR SUBMISSION TO
HUD, AND APPROVE AND AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED RESOLUTION
Item #16D3
LIBRARY LONG RANGE AND TECHNOLOGY PLANS AND
THE CURRENT YEAR ACTION PLAN AND AUTHORIZE THE
CHAIRMAN TO SIGN THE FY 2008-2009 STATE AID TO
LIBRARIES GRANT APPLICATION PERMITTING THE
COLLIER COUNTY PUBLIC LIBRARY TO APPLY FOR STATE
AID TO LIBRARIES
Item #16D4
TWO CONTRACT RENEWALS FOR TWO MASTER
AGREEMENTS WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC., RELATING TO GRANTS
AWARDED TO THE SERVICES FOR SENIORS PROGRAMS,
AUTHORIZE THE CHAIRMAN TO SIGN THE TWO
RENEWALS, AND AUTHORIZE THE CONTINUED PAYMENT
OF GRANT EXPENDITURES
Item #16D5
Page 258
September 23, 2008
REPORT TO THE BOARD ON POLICY FOR SCHEDULING
LIBRARY MEETING ROOM USE BY THE PUBLIC - TO
BETTER ACCOMMODATE FOR MEETINGS, GROUPS, AND
PUBLIC USES
Item # 16D6
CHAIRMAN TO SIGN A SUBRECIPIENT AGREEMENT
PROVIDING FOR A $426,750 HOUSING AND URBAN
DEVELOPMENT (HUD) GRANT TO HOUSING
OPPORTUNITIES MADE FOR EVERYONE (H.O.M.E.) FOR
LAND PURCHASE AND/OR FORECLOSED HOME
ACQUISITION AND REHABILITATION - TO PROVIDE
HOUSING TO LOW AND MODERATE INCOME PERSONS
AND HOUSEHOLDS AND TO PREVENT BLIGHT
Item # 16D7
CHAIRMAN TO SIGN A SUBRECIPIENT AGREEMENT
PROVIDING FOR A $157,250 HOUSING AND URBAN
DEVELOPMENT (HUD) GRANT TO THE EMPOWERMENT
ALLIANCE OF SW FLORIDA (EASF) FOR LAND
ACQUISITION - TO PROVIDE HOUSING TO LOW AND
MODERATE INCOME PERSONS AND HOUSEHOLDS
Item #16D8
AWARD BID #08-5051 IN THE FOLLOWING ORDER TO
CHENEY BROTHERS, SYSCO, AND US FOODS FOR
CONCESSION FOOD RESALE AND PAPER PRODUCTS AT
NORTH COLLIER REGIONAL PARK AT AN ESTIMATED
COST OF $220~000
Page 259
September 23, 2008
Item #16D9
NAPLES WHOLESALE BAIT AS A SOLE SOURCE SUPPLIER
OF LIVE BAIT FOR RESALE AT CAXAMBAS PARK AND
COCOHA TCHEE RIVER PARK MARINA WITH AN
ESTIMATED FISCAL YEAR 2009 EXPENDITURE OF
APPROXIMATELY $140,000 AND APPROVE A SEVEN DAY
PAYMENT SCHEDULE
Item #16DI0
RESOLUTION 2008-283: RESOLUTION RE-ESTABLISHING
THE COLLIER COUNTY PARKS AND RECREATION
DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE
AND FEE POLICY SUPERSEDING RESOLUTION 2007-32
Item #16Dl1
LIEN AGREEMENT WITH FRIKSON ATTILUS AND SMIDE L.
ATTILUS (OWNERS) FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED
AFFORDABLE HOUSING UNIT LOCATED AT LOT 39, TRAIL
RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN IMPACT
FEES
Item #16D12
LIEN AGREEMENT WITH COLLIER COUNTY HOUSING
DEVELOPMENT CORPORATION (DEVELOPER) FOR
DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT
Page 260
September 23, 2008
LOCATED AT LOT 36, BLOCK 11, NAPLES MANOR LAKES,
EAST NAPLES - DEFERRING $22~609.941N IMPACT FEES
Item #16D13
IMPACT FEE DEFERRAL AGREEMENTS RECOMMENDED
FOR APPROVAL IN FY08, INCLUDING THE TOTAL NUMBER
OF AGREEMENTS APPROVED, THE TOTAL DOLLAR
AMOUNT DEFERRED AND THE BALANCE REMAINING FOR
ADDITIONAL DEFERRALS IN FY08
Item #16El
CONFIRM AND CONSENT TO THE RE-ASSIGNMENT OF THE
MUNICIPAL LEASE AND OPTION CONTRACT WITH E-ONE,
INC. TO BANC OF AMERICA PUBLIC CAPITAL CORP.
Item #16E2
AN INTERIM MANAGEMENT PLAN FOR THE STARNES
PROPERTY UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM
Item #16E3
AGREEMENT #08-5102, INDEPENDENT LEGAL COUNSEL
FOR THE COLLIER COUNTY VALUE ADJUSTMENT BOARD
WITH THE FIRM OF BOND~ SCHOENECK &KING~ P.A.
Item # 16E4
AGREEMENT FOR SALE AND PURCHASE WITH TIMOTHY P.
Page 261
September 23, 2008
MALONEY, AS SUCCESSOR TRUSTEE OF THE TIMOTHY J.
MALONEY CREDIT SHELTER TRUST CREATED UNDER THE
LAST WILL AND TESTAMENT OF TIMOTHY J. MALONEY,
DATED SEPTEMBER 28, 2000FOR 10 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $741,000 - LOCATED WITHIN
SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST IN AN
AREA KNOWN AS RIVERS ROAD PROPERTIES
Item #16E5
AGREEMENTS #08-5076 AND #08-5077 FOR THE ATTORNEY
AND APPRAISER SPECIAL MAGISTRATES FOR THE
COLLIER COUNTY VALUE ADJUSTMENT BOARD - DAVIA
MAZUR, ESQ. AS ATTORNEY SPECIAL MAGISTRATE;
COASTAL CONSULTING GROUP, SOUTH FLORIDA
VALUATION SERVICES, AND MACHINERY CAPITAL
ASSETS TO SERVE AS APPRAISER SPECIAL MAGISTRATES
FOR THE 2008 TAX YEAR
Item #16E6
U.S. FISH AND WILDLIFE SERVICE (USFWS) COOPERATIVE
AGREEMENT NO. 401818J610 TO FUND HABITAT
RESTORATION AT THE OTTER MOUND PRESERVE IN THE
AMOUNT OF $8,400 - FOR NATIVE PLANTS, AND THE
COUNTY WILL PROVIDE $10,280 CASH MATCH TOWARDS
INVASIVE~ EXOTIC VEGETATION MAINTENANCE
Item #16E7
EXTEND CONTRACT #99-2961 "ENERGY
Page 262
September 23, 2008
MANAGEMENT/BUILDING CONTROLS" TO JOHNSON
CONTROLS, INC., AS INTENDED BY THE ORIGINAL
REQUEST FOR PROPOSAL (RFP) - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E8
FINAL MANAGEMENT PLAN FOR THE NANCY PAYTON
PRESERVE UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM - 65 ACRES LOCATED NORTH OF
BRANTLEY BOULEVARD AND EAST OF BLUE SAGE DRIVE
IN NORTH BELLE MEADE SECTION 24
Item #16E9
AWARD BID NO. 08-5101, "ALARM MONITORING SERVICES"
TO DEHART ALARMS SYSTEMS FOR FIRE AND BURGLAR
ALARM SERVICES FOR AN ESTIMATED ANNUAL AMOUNT
OF $25~000 -IN COUNTY FACILITIES
Item #16EI0
AGREEMENT FOR SALE AND PURCHASE WITH AN
TRlNHFOR 80 ACRES UNDER THE CONSERV A TION
COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT
TO EXCEED $775,500 - 4.56 ACRES LOCATED IN SECTION 30,
TOWNSHIP 51 SOUTH, RANGE 27 EAST WITH THE
MCLL VANE MARSH AREA
Item #16Ell
AGREEMENT FOR SALE AND PURCHASE WITH
Page 263
September 23, 2008
SALVATORE CANGIALOSI AND PATRICIA CANGIALOSIFOR
4.56 ACRES UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM, AT A COST NOT TO EXCEED
$348,250 - LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 57 EAST IN AN AREA KNOWN AS RIVERS ROAD
PROPERTIES
Item #16E12
AMENDMENT A-I TO CONTRACT #08-5064 "ANNUAL
CONTRACT FOR MANHOLE AND LIFT STATION
REHABILITATION CONTRACTING SERVICES" TO PAINTS &
COATINGS, INC., TO ADD ADDITIONAL CLAUSES TO THE
CONTRACT FOR CLARIFICATION OF VENDORS'
RESPONSIBILITIES AND AUTHORIZE THE CHAIRMAN TO
SIGN SAID AMENDMENT - FOR REPAIRING F AUL TY
SEWER MANHOLES AND LIFT STATIONS
Item #16E13
AMENDMENT A-I TO CONTRACT #08-5064 "ANNUAL
CONTRACT FOR MANHOLE AND LIFT STATION
REHABILITATION CONTRACTING SERVICES" TO CHAZ
EQUIPMENT COMPANY, INC., TO ADD ADDITIONAL
CLAUSES TO THE CONTRACT FOR CLARIFICATION OF
VENDORS' RESPONSIBILITIES AND AUTHORIZE THE
CHAIRMAN TO SIGN SAID-AMENDMENT - FOR REPAIRING
FAULTY SEWER MANHOLES AND LIFT STATIONS
Item #16E14
AGREEMENT FOR SALE AND PURCHASE WITH LOUIS H.
Page 264
September 23, 2008
STIRNS AND MARY H. STIRNS FOR 9.70 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $714,300 - 9.70 ACRES
LOCATED IN SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27
EAST IN AN AREA KNOWN AS THE RIVERS ROAD
PROPERTIES
Item #16Fl
GRANT AGREEMENT 2008CKWX0170 IN THE AMOUNT OF
$350,738 FROM THE UNITED STATES DEPARTMENT OF
JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING
SERVICES (COPS) TECHNOLOGY PROGRAM FOR PUBLIC
SAFETY TECHNOLOGY EQUIPMENT AND APPROVE ALL
NECESSARY BUDGET AMENDMENTS - FOR PUBLIC
SAFETY TECHNOLOGY EQUIPMENT INCLUDING
COMPUTER SYSTEMS, WIRELESS TRANSMITTING
DEVICES, RADIO DESK SETS AND INTERNET/INTRANET
SWITCHES FOR THE EOC
Item #16F2
AGREEMENT #09CP-04-09-21-01-000 BETWEEN THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
COLLIER COUNTY ACCEPTING $8,302 FOR THE
PREPARATION OF HAZARDS ANALYSIS REPORTS FOR
FACILITIES STORING EXTREMELY HAZARDOUS
SUBSTANCES WITHIN COLLIER COUNTY AND APPROVE
THE BUDGET AMENDMENT NECESSARY TO RECOGNIZE
AND APPROPRIA TE $8~302 AS REVENUE
Item #16F3
Page 265
September 23, 2008
PAYMENT TO THE CLERK OF THE CIRCUIT COURT FOR
REIMBURSEMENT OF COSTS INCURRED BY THE CLERK
FOR SERVICES RENDERED TO THE COLLIER COUNTY
VALUE ADJUSTMENT BOARD FOR 2007 (TOTAL COST IS
$102~204.18) - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16F4
RESOLUTION 2008-284: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2007-08 ADOPTED BUDGET
Item #16F5
AMENDMENT FOR THE EXTENSION OF TIME FOR TOURISM
AGREEMENT WITH MARCO ISLAND HISTORICAL SOCIETY
FOR BUILDING A MUSEUM ON MARCO ISLAND
Item # 16F6
QUARTERLY REPORT ON THE TOURISM INDUSTRY IN
COLLIER COUNTY - RESULTS FOR JANUARY THROUGH
JULY 2008
Item #16F7
AGREEMENT BETWEEN COLLIER COUNTY AND
DIAMONDE E.K. IN FY 09 FOR INTERNATIONAL
MARKETING REPRESENTATION SERVICES IN THE
AMOUNT OF $190,000 AND AUTHORIZE THE CHAIRMAN TO
Page 266
September 23, 2008
SIGN SAID AGREEMENT
Item #16F8
AMENDED CONTRACT #1904 BETWEEN THE BOARD OF
COLLIER COUNTY COMMISSIONERS AND FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, DIVISION OF FORESTRY, FOR FIRE PROTECTION
OF FOREST AND WILD LANDS WITHIN COLLIER COUNTY
($28,126.98) - TO RAISE THE PER ACRE ASSESSMENT FOR
FOREST LAND AND WILD LAND FIRE PROTECTION WITH
COLLIER COUNTY FROM THREE CENTS (.03) TO SEVEN
CENTS (.07)
Item # 16F9
SIX (6) TOURISM AGREEMENTS FOR FY 09 TOURIST TAX
CATEGORY "C-2" GRANT REQUESTS TOTALING $567,500
AND AUTHORIZE THE CHAIRMAN TO SIGN SAID
AGREEMENTS - FOR NON-COUNTY OWNED AND
OPERATED MUSEUMS
Item #16FI0
THREE (3) TOURISM AGREEMENTS FOR FY 09 TOURIST
TAX CATEGORY "B" GRANTS REQUESTS TOTALING $62,265
AND AUTHORIZE THE CHAIRMAN TO SIGN SAID
AGREEMENTS - FOR MARKETING ASSISTANCE USING
TOURIST TAX REVENUES
Item #16Fll
Page 267
September 23, 2008
WAIVE FORMAL COMPETITION AS AUTHORIZED IN THE
PURCHASING POLICY, AND FOLLOW THE THREE (3)
QUOTE PROCESS IN LIEU OF THE REQUEST FOR PROPOSAL
PROCESS, AND ACCEPT THE BID PROPOSAL (LOWEST BID)
FROM COLLIER SEAWALL &DOCK FOR $57,900 IN ORDER
TO CONSTRUCT THE RETENTION WALL AT THE ISLES OF
CAPRI FIRE STATION - TO PROTECT AND RESTORE THE
SHORELINE SURROUNDING THE HELIP AD LANDING ZONE
IN THE ISLES OF CAPRI
Item #16F12
ANNUAL FIVE PERCENT (5%) INCREASE IN CONSULTANT
FEES FOR THE MEDICAL DIRECTOR OF EMERGENCY
MEDICAL SERVICES AS DESCRIBED IN THE EMERGENCY
MEDICAL SERVICES MEDICAL CONSULTANT CONTRACT
FORA TOTAL OF $105,500 FORFY 09 AND TO DESIGNATE
DR. DOUG LEE AS THE MEDICAL DIRECTOR'S APPOINTEE
Item #16Gl
COMMUNITY REDEVELOPMENT AGENCY (CRA) TO
APPROVE THREE CRA STAFF AND ONE ADVISORY BOARD
MEMBER ATTENDANCE AT THE FLORIDA
REDEVELOPMENT ASSOCIATION 2008 ANNUAL
CONFERENCE; AUTHORIZE PAYMENT OF ATTENDEES'
REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM
THE IMMOKALEE CRA TRUST FUND (FUND 186) TRAVEL
BUDGET; AND DECLARE THE TRAINING RECEIVED AS
SERVING A VALID PUBLIC PURPOSE
Item #16Hl
Page 268
September 23,2008
COMMISSIONER HENNING'S REQUEST FOR
REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING
A VALID PUBLIC PURPOSE. COMMISSIONER HENNING
ATTENDING THE ECONOMIC DEVELOPMENT COUNCIL
INDUSTRY AWARDS CEREMONY ON SEPTEMBER 13, 2008.
$50.00 TO BE PAID FROM COMMISSIONER HENNING'S
TRAVEL BUDGET - AT SUGDEN COMMUNITY THEATRE,
701 FIFTH AVENUE SOUTH~ NAPLES
Item #16H2
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. COMMISSIONER FIALA ATTENDED THE 9-11-01
REMEMBRANCE LUNCHEON ON SEPTEMBER 10,2008 AT
MARCO ISLAND MARRIOTT BEACH RESORT IN MARCO
ISLAND, FL. $30.00 TO BE PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET - 400 S COLLIER BLVD,
MARCO ISLAND
Item #16H3
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. COMMISSIONER FIALA ATTENDED THE EDC
EXCELLENCE IN INDUSTRY AWARDS ON SEPTEMBER 13,
2008 AT SUGDEN COMMUNITY THEATRE IN NAPLES, FL.
$50.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET - SUGDEN COMMUNITY THEATRE, 701 FIFTH
AVENUESOUTH~NAPLES
Page 269
September 23, 2008
Item #16H4
COMMISSIONER HALAS' REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. COMMISSIONER HALAS ATTENDED THE UNITED
WAY OF COLLIER COUNTY 2008 CAMPAIGN RECOGNITION
BREAKFAST ON WEDNESDAY, OCTOBER 1,2008, AT THE
HIL TON NAPLES. $20.00 TO BE PAID FROM COMMISSIONER
HALAS' TRAVEL BUDGET - 5111 TAMIAMI TRAIL NORTH,
NAPLES
Item # 16H5 - Added
PROCLAMATION DESIGNATING SEPTEMBER 22, 2008 AS
F AMIL Y DAY - A DAY TO EAT DINNER YOU'RE YOUR
CHILDREN - ADOPTED
Item #161
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 270
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
September 23,2008
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Districts:
1) Heritage Greens Community Development District:
Registered Agent and Office Letter and Resolution; FY2009 Public
meeting schedule.
B. Minutes:
1) Airport Authority:
Minutes of September 10, 2007; October 8, 2007; November 5,
2007; December 10,2007; January 14, 2008; February 11, 2008;
March 18,2008; April 14, 2008; May 12, 2008; June 9, 2008.
2) Animal Services Advisory Board:
Minutes of January 16, 2007; May 15,2007; October 16, 2007.
3) Black Affairs Advisory Board:
Minutes of November 26,2007; April 28, 2008.
4) Collier Countv Citizens Corps:
Agenda of July 16, 2008.
Minutes of July 16, 2008.
5) Collier County Coastal Advisory Committee:
Minutes of April 12, 2007; June 12, 2008.
6) Collier County Planning Commission:
Agenda of August 21, 2008 REVISED II; September 4, 2008
REVISED.
Minutes of July 3,2008; July 9,2008 LDC "Meeting Notes".
7) Contractors Licensing Board:
Minutes of June 18,2008.
8) County Government Productivity Committee:
Agenda of December 12, 2007.
9) Environmental Advisory Council:
Agenda of July 2, 2008
Minutes of July 2, 2008.
10) Floodplain Management Planning Committee:
Minutes of November 5, 2007; December 3,2007; January 7,2008;
February 4,2008; March 3, 2008; May 5, 2008; June 2, 2008; July 7,
2008.
11) Forest Lakes Roadway and Drainage Advisory Committee:
Agenda of July 9, 2008.
Minutes of May 14, 2008; June 11,2008 - no quorum established.
12) Golden Gate MSTU Advisory Committee:
Agenda of August 12, 2008.
Minutes of July 8, 2008.
13) Golden Gate Community Center Advisory Committee:
Minutes of April 7, 2008; July 7,2008.
14) Habitat Conservation Plan Ad Hoc Committee:
Minutes of May 28,2008.
15) HistoricaV Archaeological Preservation Board:
Agenda of July 16, 2008.
16) Immokalee Enterprise Zone Development Agency:
Agenda of August 20, 2008.
Minutes of July 16, 2008.
17) Immokalee Local Redevelopment Advisory Board:
Agenda of August 20, 2008.
Minutes of July 16, 2008.
18) Immokalee Master Plan and Visioning Committee:
Agenda of August 20,2008 w/CRAjoint meeting.
Minutes of July 16, 2008 w/CRAjoint meeting.
19) Land Acquisition Advisory Committee:
Agenda of July 14,2008 REVISED; September 8, 2008.
20) Ochopee Fire Control District Advisory Committee:
Minutes of December 10, 2007.
21) Parks and Recreation Advisory Board:
Minutes of June 18,2008.
22) Pelican Bay Services Division Board:
Agenda of July 2, 2008; September 3, 2008.
23) Rural Lands Stewardship Area Review Committee:
Minutes of August 5, 2008.
24) Utility Authority (Water and Wastewater Authority):
Minutes of May 19, 2008.
C. Other:
1) Fire Service SteerinlZ Committee:
Agenda of August 28, 2008.
Minutes of May 22,2008; Funding Options and Budget Committee
June 25, 2008.
2) Special Magistrate:
Minutes of June 6,2008; July 1, 2008; August 1,2008.
September 23, 2008
Item #16Jl
DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 6, 2008
THROUGH SEPTEMBER 12, 2008 AND FOR SUBMISSION
INTO THE OFFICIAL RECORDS OF THE BOARD
Item # 16J2
DISBURSEMENTS FOR THE PERIOD OF AUGUST 30, 2008
THROUGH SEPTEMBER 05, 2008 AND FOR SUBMISSION
INTO THE OFFICIAL RECORDS OF THE BOARD
Item #16Kl - Move to Item #12A
Item #16K2
SETTLEMENT AFTER MEDIATION PRIOR TO TRIAL IN THE
LAWSUIT ENTITLED GERALD PECAR VS. COLLIER
COUNTY FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 06-1738-
CA~ FOR $9~000.00
Item #17A
RESOLUTION 2008-285: BOARD OF COUNTY
COMMISSIONERS AS EX-OFFICIO GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER DISTRICT, ADOPT A
RESOLUTION AMENDING THE COLLIER COUNTY WATER-
SEWER DISTRICT'S UTILITIES STANDARDS MANUAL
Item #17B - Moved to Item #7B
Page 271 '
September 23, 2008
Item #17C
RESOLUTION 2008-286: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2007-08 ADOPTED BUDGET
Item #17D
ORDINANCE 2008-53: PETITION: RZ-2007-AR-12044:
IMMOKALEE LLC, REPRESENTED BY SHAUN MULARKEY,
AICP, OF COASTAL ENGINEERING CONSULTANTS, INC., IS
REQUESTING A REZONE FROM THE ESTATES (E) ZONING
DISTRICT TO THE RESIDENTIAL MULTI-FAMILY-16 (RMF-
16) ZONING DISTRICT TO PERMIT A MULTI-FAMILY
DEVELOPMENT ON 9.33 :I:: ACRES WITH A MAXIMUM OF 15
DWELLING UNITS PER ACRE FOR PROPERTY LOCATED AT
THE SOUTHWEST CORNER OF THE INTERSECTION OF
IMMOKALEE ROAD (CR-846) AND SCHOOL ROAD, IN
SECTION 9, TOWNSHIP 47 SOUTH, RANGE 29 EAST, IN THE
UNINCORPORATED IMMOKALEE AREA OF COLLIER
COUNTY~ FLORIDA
Item #17E
RESOLUTION 2008-287: RESOLUTION AMENDING
SCHEDULE SIX OF APPENDIX A TO SECTION FOUR OF THE
COLLIER COUNTY ORDINANCE NO. 2006-27, THE COLLIER
COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,
OPERATING AND REGULATORY STANDARDS ORDINANCE.
THIS AMENDMENT CORRECTS SCRIVENER'S ERROR AND
INCLUDES A PROPOSED RATE FOR THE LATE PAYMENT
Page 272
September 23, 2008
CHARGE AND THE VEHICLE OVER METER CHARGE; AND
PROVIDES FOR AN EFFECTIVE DATE OF OCTOBER 1, 2008
FOR SCHEDULE SIX OF APPENDIX A OF THE ORDINANCE
Item # 1 7F - Moved from Item # 16A3
RESOLUTION 2008-288: PETITION A VESMT-2006-AR-I0571,
BIG CYPRESS FLEA MARKET, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY'S AND THE PUBLIC'S
INTEREST IN THAT PORTION OF A ROADWAY EASEMENT
AS DESCRIBED BY THE SUBMITTED EXHIBIT WHICH WAS
ORIGINALLY CREATED IN OFFICIAL RECORD BOOK 244,
PAGE 683 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, SITUATED IN SECTION 17 &18, TOWNSHIP 51
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, THE
VACATED PORTION BEING MORE SPECIFICALLY
DEPICTED AND DESCRIBED IN EXHIBIT "A"
Page 273
September 23, 2008
*****
RECEIVED
Or'""<! ., ,
.' I I I 2008
FiO;::iH'O {ll
" ~onJrniSSjon~~rs
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:08 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIIT TS UNDER ITS CONTROL
TOM HENNING, Chairman
ATTEST
DWIGHT E. BROCK, CLERK
_ ~::t' <',,~
, '........~
.", ,,\-,'/. ,}'
. ~,,!:"" ,-
~ . . , "w;"
",.., II ~-L, ,'fi
These minutes approved by the Board on
V or as corrected
IDI~o~ , as presented
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 274