BCC Minutes 01/27/2009 R
January 27,2009
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 27, 2009
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: Donna Fiala
Fred Coyle
Jim Coletta
Frank Halas
Tom Henning
ALSO PRESENT:
Jim Mudd, County Manager
Jeffrey A. Klatzkow, County Attorney
Sue Filson, BCC Executive Manager
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
~.
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AGENDA
January 27, 2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Chairman
Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2
Tom Henning, BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
January 27, 2009
Page 1
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Bob Hinklin, East Naples United Methodist 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. December 23,2008 - Value Adjustment Board Hearings with Special
Magistrate Scott Watson
C. January 6,2009 - Value Adjustment Board Hearings with Special Magistrate
Scott Watson
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 25 Year Attendees
1) Louise Bergeron, Library
January 27, 2009
Page 2
2) Danny Dominguez, Road Maintenance
3) Michelle Edwards-Arnold, Alternative Transportation Modes
4) Richard Lockerby, Water
5) Jack Miles III, Wastewater
6) Linda Murphy, CDES
4. PROCLAMATIONS
5. PRESENTATIONS
A. Presentation on the progress of the Marco Island Historical Museum.
Presented by Mr. Bill Perdichizzi, Vice President, Museum Capital
Campaign.
B. The Waste Reduction Awards Program, the WRAP award, is presented to
the Naples Botanical Garden for contributing to the greater good of all of
Collier County by promoting green business practices, thereby helping to
prolong the life of the Collier County Landfill.
C. Recommendation to recognize Joanne Markiewicz, Operations Manager,
Purchasing Department, as Supervisor of the Year for 2008.
Presentation on progress of widening Collier Boulevard (US 41 to Davis
Boulevard) from existing 4 lanes to 6 lanes divided roadway, drainage
improvements, lighting, bike lanes, sidewalk and pathway.
6. PUBLIC PETITIONS
A. Public petition request by Jeff Nunner to discuss sign permit for Naples
Mazda.
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
January 27, 2009
Page 3
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Environmental Advisory Council.
B. Appointment of member to the Collier County Coastal Advisory Committee.
C. Request that the Board of County Commissioners consider waiving the
residency requirement in relation to Gary Eidson, member of the Rural
Lands Stewardship Area Review Committee.
10. COUNTY MANAGER'S REPORT
A. This item continued from the January 13,2009 BCC Meetinl!: and is
further continued to the February 10, 2009 BCC Meetinl!:. This item
reauires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Recommendation to deny the
Alternative Impact Fee Appeal submitted by Tamiami Square of Naples,
LLC (Developer) and authorize the Chairman to execute a notice to the
Developer for the collection of the Collier County Water-Sewer District
(CCWSD) Alternative Impact Fee calculation of$120,904 for the existing
tenants of Building 300, with Developers concurrence, or the original
amount of $196,873 without Developers concurrence. (Tom Wi des, Director
Fiscal Operations, Public Utilities)
B. Recommendation to approve award of Request for Proposal Number 08-
5038R Automated Meter Reading System to Ferguson Enterprises,
Incorporated and Municipal Water Works, Incorporated in the estimated
amount of $2,000,000. (Jim DeLony, Public Utilities Administrator)
C. Recommendation to approve the purchase of three fixed-route buses and
trolley decal wrap for Collier Area Transit, at a total cost of $1 ,058,460.
(Norman Feder, Transportation Services Administrator)
D. Briefing to the Board of County Commissioners in regard to the Code
Enforcement Departments process to address Code Enforcement violations
on Lis Pendens / Foreclosed properties in unincorporated Collier County.
January 27, 2009
Page 4
(Diane Flagg, Director, Code Enforcement, CDES)
E. Recommendation for the approval of the sixth Conservation Collier Active
Acquisition List and direction for the County Manager or his designee to
actively pursue projects recommended within the A-Category. (Alex
Sulecki, Senior Environmental Specialist)
F. Recommendation that the Board of County Commissioners provide the
County Manager or his designee guidance as to how to enforce the approved
sign code amendment and regulations as codified in the Collier County Land
Development Code for the geographical area ofImmokalee. (Joe Schmitt,
Community Development Administrator and Diana Flagg, Code
Enforcement Director)
G. Request that the Board of County Commissioners (BCC) approve the
extension of the deadline to complete expanded intersection improvements
to April 30, 2009 as part of conditions of approval and status of compliance
for the Coconilla Planned Unit Development Ordinance No. 05-15, also
known as the Aqua at Pelican Isle Yacht Club Project, that was presented on
September 23,2008 as Item #16Kl (moved to Item #12A). The expanded
intersection improvements will include full construction of the permanent
access point at the signalized intersection with related site improvements.
(Norman Feeder, Transportation Services Administrator)
H. Recommendation that the Board of County Commissioners approve the
redirection of a portion of FY 09 budgeted tourist tax funds from off-season
to in-season advertising and promotion up to $200,000. (Jack Wert, Tourism
Director)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
January 27, 2009
Page 5
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) To accept final and unconditional conveyance of the water utility
facility for Treviso Bay Golf Course Maintenance Facility.
2) To accept final and unconditional conveyance of the water utility
facility for Promenade at Naples Centre.
3) Recommendation to approve final acceptance of the sewer utility
facility for Treviso Bay at Southwest Boulevard.
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for Preserve Commons.
5) Recommendation to have the Board of County Commissioners
(Board) approve the expenditure of $1 ,540.00 to pay for the
installation of arterial level street lighting at the Casa Del Vida
subdivision entrance. A $10,000 cash bond was posted and is in place
to pay for completion of the improvements.
6) This item reQuires that ex parte disclosure be provided bv
Commission Members. Should a hearinl!: be held on this item, all
participants are reQuired to be sworn in. This is a recommendation
to approve for recording the final plat ofDiamante Estates Di Napoli,
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
7) BIas Elias and Bert Eisenbud of Es Country Store requests a
Temporary Use Permit in accordance with the provisions of the Land
Development Code (LDC) for twenty-eight consecutive weekends
(Saturday and Sunday), alternating between the location at the corner
January 27, 2009
Page 6
of Golden Gate Boulevard and Wilson Boulevard, Section 03,
Township 49 South, Range 27 East, and the location at the corner of
Oil Well Road and Immokalee Road, Section 23, Township 48 South,
Range 27 East, five additional months beyond the sum total twenty-
eight day time limit that is allowed by the LDC during the 2009
calendar year to operate a mobile smokehouse cooker, and to allow
the applicant to pay the two hundred dollar fee, per location, to
encompass the entire requested length of time.
8) Recommendation to grant final approval of the roadway (public) and
drainage improvements for the final plat of Mission Hills Shopping
Center with the loop road and associated drainage improvements
being maintained by Collier County. The property owners association
will maintain the internal paving and drainage improvements within
the shopping center.
9) Recommendation that the Board of County Commissioners approve
an impact fee reimbursement requested by Stock Construction on
behalf of Players Cove Development, LLC, totaling $58,262.16, and a
reimbursement of the Allowance for Funds Prudently Invested
totaling $2,229.32 due to the cancellation of a building permit.
10) Recommendation that assessment oflot mowing cost related to
property located at 18523 Royal Hammock Blvd., Collier County,
Florida be waived. Code Enforcement case number
CENA200800l2474.
11) Recommendation to approve the Release and Satisfactions of Code
Enforcement Liens for payments received.
12) Recommendation that the Board of County Commissioners approve
an amendment revising Ordinance Number 05-44 to clarify the
requirements for the Special Magistrate's role in the imposition of
nuisance abatement liens.
B. TRANSPORT A TION SERVICES
1) Recommendation to approve an Easement Agreement for the purchase
of a perpetual road right-of-way drainage and utility easement which
January 27, 2009
Page 7
is required for the Vanderbilt Beach Road Extension Project. Project
No. 60168, Phase II (Fiscal Impact: $11,900)
2) Recommendation to approve award of contract #09-5121 to Aztek
Communications, Precision Contracting Services, Inc., and OSP
Management, Inc. for Fiber Optic Installation, Maintenance and
Repair. Annual expenditures are estimated around $750,000.
3) Recommendation to award Bid #09-5160 Airport Road (Cougar to
Vanderbilt Beach Road) Roadway Grounds Maintenance to Hannula
Landscaping and Irrigation, Inc. in the estimated annual expenditure
of $76,767.65 (Fund Ill, Cost Center 163865).
4) Recommendation to award Collier County Golden Gate Beautification
MSTU/MSTD Roadway Grounds Maintenance to Hannula
Landscaping & Irrigation, Inc. in the amount of $267,418.64.
5) Recommendation to award Bid #09-5152 Immokalee Road (Tamiami
Trail North to Strand Blvd.) Roadway Grounds Maintenance to
Hannula Landscaping and Irrigation, Inc. in the estimated annual
expenditure of $90,525.48.(Fund Ill, Cost Center 163888).
6) Recommendation to award Bid #09-5040R including alternates 1 for
construction of Old US 41 Stormwater Improvements Phase 2, Project
No. 511331, to David Foote Environmental Construction, Inc. in the
amount of$645,982.75 plus a ten percent contingency.
7) Recommendation that the Board of Collier County Commissioners
approve award of Bid #09-5108, Annual Contract for Concrete
Sidewalk and Curb Maintenance to BQ Concrete, LLC and Design-
Build Engineers and Contractors, Inc. Annual expendtiures are
estimated to be $150,000.
8) Recommendation to award Bid #09-5150 for construction of St.
Andrews Boulevard Phase II Stormwater Improvements, Project No.
51140.1, to Haskins, Inc. in the amount of $13 8,863 .50 plus a ten
percent contingency.
January 27, 2009
Page 8
9) Recommendation to approve and execute Subcontracted
Transportation Provider (STP) Agreement Financial Project Number
41604318201 between Collier County and the Florida Commission
for the Transportation Disadvantaged for an award in the amount of
$251,519.00 for the provision of transportation for qualified Medicaid
recipients.
C. PUBLIC UTILITIES
1) Recommendation that the Board of County Commissioners accept the
withdrawal ofImmokalee Disposal, Inc.s petition for an extraordinary
rate increase associated with fuel costs.
2) Recommendation to accept a South Florida Water Management
District Alternative Water Supply Grant in the amount of$500,000
for partial funding ofthe construction of the North County Regional
Water Treatment Plant and South County Regional Water Treatment
Plant Sand Separators, Project #71052.
3) Recommendation to approve Certification of Financial Responsibility
for the permit renewal of the Department of Environmental Protection
Permit for Injection Well Number 2 at the North County Regional
Water Treatment Plant in the amount of$46l,011.
4) Recommendation to approve Change Order #2 to Work Order PG-FT-
3972-08-01, Contract #05-3792, with de la Parte & Gilbert, P.A. for
Fixed Term Specialized Legal Services in the amount of$IOO,OOO.OO.
5) Recommendation to award Bid No. 08-5097, Annual Contract for
Chlorinator Equipment Maintenance to Water Treatment & Controls,
Company in the estimated annual amount of$80,000.
6) Recommendation to approve a budget amendment in the amount of
$65,000.00 to fund the close-out of the Pelican Bay Fire & Irrigation
Water System Improvements Project, Project #74023
D. PUBLIC SERVICES
January 27, 2009
Page 9
1) Recommendation for the Board of County Commissioners to approve
a Parking License Agreement with Vanderbilt Real Estate Holdings,
LP, for temporary parking for beach maintenance equipment at an
annual cost of $6,000.
2) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Edgar
Dominguez Martin and Barbara Dominguez (Owners) for deferral of
100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 36, Block II, Naples Manor Lakes, East
Naples.
3) Recommendation that the Board of County Commissioners adopt a
Resolution Appointing representatives to the Department of
Environmental Protection, Division of Recreation and Parks Advisory
Group which has been established for the purpose of updating the
Delnor- Wiggins Pass State Park Management Plan.
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, an Agreement providing for a
$250,000 State Housing Initiative Partnership (SHIP) grant to Habitat
for Humanity of Collier County, Inc. for the acquisition and/or
rehabilitation of at least five (5) residential dwelling units to benefit
households earning less than 120% of the Area Median Income.
5) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FY09,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
FY09.
6) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a $275,000 subrecipient agreement
with the Collier County Housing Authority (CCHA) to provide
Tenant Based Rental Assistance (TBRA) for approximately 38 low
income families in Collier County. This Agreement amount will be
comprised of $250,000 in HOME Investment Partnership Program
(HOME) funds and $25,000 in Marco Island Affordable Housing
January 27, 2009
Page 10
Trust funds.
7) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jean
Baptiste Sergot Souverain and Marie Edith Souverain (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 38, Liberty Landing,
lmmokalee.
8) Recommendation for the Board of County Commissioners to approve
the submittal of the attached 4-H Foundation Inc. Grant Application
requesting $50,881.00 for the 4-H Outreach Coordinators and the
enhancement of outreach activities managed by the Collier County
University of Florida /IF AS Extension Department.
9) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign an agreement with Collier Health
Services (CHS) for $221,603 and an agreement with the Agency for
Health Care Administration (AHCA) to participate in the Low Income
Pool Program. Participation in this program will generate an
additional $275,265 in Federal matching funds to be paid directly to
Collier Health Services for medical services for the most medically
needy in Collier County.
10) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a Delegation of Authority to Act
as Certifying Officer form designating the Director of Housing and
Human Services as the Certifying Officer for Environmental Reviews
required for federally funded grant projects.
11) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign an amendment to the Big Cypress
Housing Corporation Home Investment Partnership Program (HOME)
and CHDO Set Aside for (55) Fifty-Five Units Subrecipient
Agreement approved on November 13, 2007 (ItemI6D28) for
$250,000.00 This amendment will allow final payment of$47,488 to
be made to Big Cypress as reimbursement for expenses incurred for
eligible costs associated with the Agreement even though leasing of
January 27, 2009
Page 11
the units is not complete.
12) Recommend that the Board of County Commissioners approve a
Budget Amendment totaling $317,667.32 for the 951 Boat Ramp
Parking Lot Expansion Project.
E. ADMINISTRATIVE SERVICES
1) Recommendation for BCC to approve and authorize the Chairman to
sign the Public Assistance Sub-grant Agreement for TS Fay so the
County can submit to FEMA for reimbursement of $15M.
2) Recommendation that the Board of County Commissioners ratify
additions to, modifications to and deletions from the 2009 Fiscal Year
Pay and Classification Plan made from October 2, 2008 through
December 31, 2008.
3) Recommendation to award RFP #08-5131 Security Services to
Wackenhut Corporation for government security services at an
estimated annual cost of$995,237.
4) Recommendation to approve the payment of Group Insurance
actuarial consulting fees to Willis, Inc. in the amount of $61 ,772.50.
5) Recommendation to approve and execute a Resolution authorizing the
Commission Chairperson to execute Deed Certificates for the sale of
burial plots at Lake Trafford Memorial Gardens Cemetery during the
2009 calendar year.
6) Recommendation to approve and execute a First Amendment to Lease
Agreement with Overseas Development Corporation for the continued
use of temporary office space for the Guardian Ad Litem office during
construction of the new Courthouse Annex building at an annual cost
not to exceed $14,162.63, Project #525331.
F. COUNTY MANAGER
1) Approve budget amendments.
January 27, 2009
Page 12
2) Recommendation to approve the sole source purchase of 49 Optic om
Emitters for use in County Emergency Medical Services vehicles in
the amount of$87,465.00.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
4) Recommendation to approve a Certificate of Public Convenience and
Necessity for NCH Healthcare System for non-emergency ambulance
service and approve a Budget Amendment recognizing and
appropriating the $250 annual renewal fee.
5) Recommendation to award Bid No. 09-5156 to Stryker Sales
Corporation for the purchase of 30 stair chairs for Emergency Medical
Services in the amount of$59,493.00.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To approve and execute Sweat Equity Grant Agreement(s) between
the Collier County Community Redevelopment Agency and a Grant
Applicant(s) within the Bayshore Gateway Triangle Community
Redevelopment area. (3180 Caledonia A venue)
2) Recommendation that the Collier County Board of County
Commissioners (BCC) approve and authorize its Chairman to execute
two grant agreements with the Florida Airports Council (F AC) in the
amount $5,000 each, and approve all necessary budget amendments.
This grant funding is to provide wages, living assistance and/or
transportation expenses for one internship program for the Immokalee
Regional Airport and one internship program for the Marco Island
Executive Airport during the spring of 2009. These grants do not
require matching funds.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
January 27, 2009
Page 13
Attended the US Coast Guard Auxiliary Change of Watch Ceremony
on January 16,2009 at Marco Island Yacht Club on Marco Island, FL.
$55.00 to be paid from Commissioner Fiala's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Marco Island Historical Society Time Capsule and
Beerial Ceremony on February 3, 2009 at Marco Island Historical
Society Museum Building Site on Marco Island, FL. $25.00 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.
Will attend the Economic Development Council Project Innovation
series on January 8, 2009; January 15,2009; February 19,2009;
March 19,2009; April 16, 2009; and May 20, 2009 at the Naples
Beach Hotel and Golf Club in Naples, FL. $200.00 to be paid from
Commissioner Fiala's travel budget.
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend Broadway in the Stacks on February 8, 2009 at the South
Regional Library in Naples, FL. $25.00 to be paid from
Commissioner Fiala's travel budget.
5) This item continued from the Januarv 13,2009 BCC Meetinl!:.
Commissioner Coletta requests Board approval for payment for
attendance to a function serving a valid public purpose. Commissioner
Coletta attended the 2009 Everglades Coalition Conference, January
9-11,2009. $190.00 for Conference Registration Fee (meals a-la-
carte); $190 for Conference talks (included meals); $454 for
accommodations (includes $56 in parking); and $5.00 in tolls
(Alligator Alley); for a total of$839.00 to be paid from Commissioner
Coletta's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
January 27, 2009
Page 14
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of January
03,2009 through January 09,2009 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of January
10,2009 through January 16,2009 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners approves
Staffs proposal (I) to deny Mrs. Cynthia Dennis Prays request that the
Board waive the federal loan granted to her by Collier County
Housing and Human Services, (2) send a written demand to recover
the funds, and (3) not initiate litigation against Mrs. Pray.
2) Recommendation to approve a Stipulated Final Judgment in the
amount of $910,000 for Parcel ll5FEE in the lawsuit styled Collier
County v. Robbie L. Rayburn, et. aI., Case No. 07-4268-CA (Santa
Barbara Boulevard Extension Project #60091, and Lely Area Storm
Water Improvement Project #511011) (Fiscal Impact $122,200).
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.
January 27, 2009
Page 15
A. This item reQuires ex parte disclosure be provided bv Commission
Members. Should a hearinl!: be held on this item, all participants are
reQuired to be sworn in. Recommendation to approve Petition A VESMT-
2008-AR-13809, to disclaim, renounce and vacate the Countys and the
Publics interest in two drainage easements which were originally created in
Official Record Book 2130, Pages 1078-1081 and shown on the plat of
Fiddlers Creek Phase Four, Unit Two, as filed in Plat Book 45, pages 40-47
of the Public records of Collier County, Florida situated in Section II & 14,
Township 51 South, Range 26 East, Collier County, Florida, the vacated
easements being more specifically depicted and described in Exhibit A.
B. This item reQuires ex parte disclosure be provided bv Commission
Members. Should a hearinl!: be held on this item, all participants are
reQuired to be sworn in. Recommendation to approve Petition A VPLA T-
2008-AR-13888, to disclaim, renounce and vacate the Countys and the
Publics interest in that portion of a 20 foot wide drainage access easement
for drainage maintenance over Lot 9, Block B, as shown on the record map
known as Palm River Estates Unit No.7 and filed in Plat Book 12, pages 28
through 30 of the Public records of Collier County Florida and situated in
Section 23, Township 48 South, Range 25 East, Collier County, Florida, and
being more specifically depicted and described in Exhibit A.
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. V A -2008-AR -1360 I,
Okeechobee Inn, LTD, represented by Gina Green, P.E. of Green
Engineering, Inc., is requesting a Variance from LDC Subsection 4.02.27,
Specific Design Standards for the Immokalee-State Road 29A Commercial
Overlay Subdistrict, to permit access to State Road 29 for a parcel having
less than the minimum 440-foot street frontage width. The 9.04-acre subject
property is located on the west side of State Road 29, just north of the Lake
Trafford Road intersection, in Section 32, Township 46 South, Range 29
East, Immokalee, Florida.CTS
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-2008-AR-13639,
Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-
Day Saints, represented by Alan Brewer of Reynolds, Smith and Hills, is
requesting a Conditional Use for a church in the Residential Single-Family
(RSF-3) Zoning District, as specified in Section 2.03.02.A.l.c.2 of the
January 27, 2009
Page 16
Collier County Land Development Code (LDC) The 4.63-acre subject
property is located at 4935 23rd Court SW in Section 21, Township 49
South, Range 26 East of Collier County, Florida.CTS
E. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. SV-2006-AR-10482,
Seasonal Investments, Inc. d/b/a Fairways Resort, represented by Tim
Hancock, AICP of Davidson Engineering, Inc., is requesting five variances
for an off-premises sign. The first variance is from Subsection
5.06.04.C.16.b.i. of the LDC which allows a maximum sign area of 12
square feet for a double-sided off-premise directional sign to permit an 80
square-foot off-premise sign. The second variance is from Subsection
5.06.04.C.16.b.ii. of the LDC which allows a maximum sign height of8 feet
in height above the lowest center grade of the arterial roadway for an off-
premise directional sign to allow a maximum sign height of 20 feet. The
third variance is from Subsection 5.06.04.C.16.b.iii. of the LDC which
requires that a sign is located no closer than ten feet to any property line to
allow a sign within zero feet of a property line. The fourth variance is from
Subsection 5.06.06.Z. of the LDC which prohibits any sign which publicizes
an activity not conducted on the premises upon which the sign is maintained
to allow an off-premises sign. The fifth variance is from Subsection
5.06.06.AA. of the LDC which requires that no sign shall be placed or
permitted as a principal use on any property, in any zoning district. The
subject property is located at the southwest corner of Piper Boulevard and
Palm River Boulevard, in Section 23, Township 48 South, Range 25 East,
Collier County, Florida. (CTS)
F. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-2008-AR-1339l,
Bishop Frank 1. Dewane, Diocese of Venice, represented by Margaret Perry,
AICP, of Wilson Miller, Inc., and Bruce Anderson, Esquire, ofRoetzel &
Andress is requesting a Conditional Use expansion in the Residential Multi-
family (RMF-12) zoning district pursuant to Collier County Land
Development Code Subsection 2.03.02.C.l.c. The proposed Conditional Use
will supplement the existing Resolution Numbers 98-173 and 04-220 by
adding four (4) lots to be used for church and school related uses including
but not limited to a chapel, church/school related offices, religious goods
store (not to exceed two thousand (2000) square feet), priests residences, and
parking for church and school uses. The subject property is located at 5280
January 27, 2009
Page 17
28th Avenue S.W. and 2780 52nd Terrace SW, in Section 28, Township 49
South, Range 26 East, Collier County, Florida. (CTS)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
January 27, 2009
Page 18
January 27, 2009
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, Commissioners, you have a hot mike.
CHAIRMAN FIALA: Thank you.
Thank you all for being here today. Would you please rise with
me to hear our pray, our invocation, by Reverend Bob Hinklin of East
Naples United Methodist church.
REVEREND HINKLIN: Let us be in prayer.
Almighty and ever gracious God, we thank you for this day, this
beautiful day that we experience in this wonderful state and this
beautiful community.
We pray that as we are gathered here today that we may feel your
spirit upon us, that we may be good stewards of all that you have
given to us.
As public officials, as servants serving all the people of this
community, we pray, dear Lord, that your grace may reside upon
these commissioners, upon those in enforcement, upon all the
employees of this county that, indeed, they may feel your grace and
your wonder and your awe as they serve people.
We pray in service that they may, day by day, observe not party
or prejudice but the sound wisdom of their minds and the discretion of
the needs of this community.
Bless us now. We do pray in your most holy name, in the name
of Jesus, amen.
CHAIRMAN FIALA: And now would you say, with
Commissioner Halas and all of us, the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you. Now, shall we begin with
you?
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: Our County Manager, Jim Mudd.
Page 2
January 27,2009
Item #2A
REGULAR, CONSENT AND SUMMARY AGENDA-
APPROVED AND/OR ADOPTED WITH CHANGES
MR. MUDD: Agenda changes, Board of County
Commissioners' meeting, January 27, 2009.
Item 3A should read, 20-year attendees rather than 25-year
attendees. That clarification is at staffs request.
The next item is Item 3A6, Linda Murphy, community
development's environmental services, will not be present to accept
her award today. And that clarification is, again, at the recipient's
request.
The next item is Item lOA. It was continued from the January
13,2009, BCC meeting. It's further continued to the February 10,
2009, meeting. And yesterday I was told that the petitioner asked that
it be continued even further until the February 24, 2009, BCC
meeting.
This item requires that all participants be sworn in and ex parte
disclosure be provided by commission members. It is a
recommendation to deny the alternative impact fee appeals submitted
by Tamiami Square of Naples, LLC, the developer, and authorize the
chairman to execute a notice to the developer for the collection of the
Collier County Water/Sewer District alternative impact fee
calculations of$120,904 for the existing tenants of building 300, with
developer's concurrence, or the original amount of $196,873 without
the developer's concurrence. That item is being continued at the
petitioner's request.
The next item is Item lOB. The two contracts associated with the
award requests for proposal number 08-5038R have incorrect
signature blocks. They indicate Commissioner Tom Henning as
chairman rather than Commissioner -- Commission Chair Donna
Page 3
January 27,2009
Fiala. Correct contracts have been distributed appropriately. That
clarification's at staffs request.
The next item is Item tOE. Two pages of backup material for the
core (sic) parcel -- excuse me -- the Gore parcel and the Berman Trust
parcel are being added to the I-75 projects, and those backup sheets
have been distributed to the commissioners appropriately. That's staff
-- that change is at staffs request.
The next item is to add on Item lOr. It's a request that the Board
of County Commissioners provide direction with respect to whether
the county should close on the Pepper Ranch transaction in light of the
proposed easement through the Pepper Ranch and whether the county
should reduce the purchase price to reflect the bond-carrying costs and
the reduction in the value to the Pepper Ranch due to the access. That
item is being added at staffs request.
The next item is to move Item 10A5 to 10J, and that is a
recommendation to have the Board of County Commissioners approve
the expenditure of $1,540 to pay for the installation of arterial level
street-lighting at the Casa Del Vida subdivision entrance. A $10,000
cash bond was posted and is in place to pay for the completion of the
improvements. That item is being moved at Commissioner Coyle's
request.
The next item is Item 10 -- excuse me, 16A12. Again, next item
is 16A12. It's continued to February to, 2009, BCC meeting. It's a
recommendation that the Board of County Commissioners approve an
amendment revising ordinance number 05-44 to clarify the
requirements for the special magistrate's role in the imposition of
nuisance abatement liens. That item is being continued at staffs
request.
The next item is to move Item 16C4 to 10L. That's a
recommendation to approve change (sic) number two to work order
PG-FT-3792-08-01, contract number 05-3792, with della Parte &
Gilbert, P.A. for fixed-term specialized legal services in the amount of
Page 4
January 27, 2009
a hundred thousand dollars.
Also note that this item references work order
PG-FT-3972-08-01, but the correct work order is PG-FT-3792. That
item is being moved at Commissioner Henning's request.
The next item is to withdraw Item 16D7. That's a
recommendation that the Board of County Commissioners approves
and authorizes the chairman to sign a lien agreement with Jean
Baptiste Sergot Souverain and Marie Edith Souverain, owners, for
deferral of 100 percent of Collier County's impact fees for an
owner-occupied affordable housing unit located at Lot 38, Liberty
Landing, Immokalee. That item is being withdrawn at staffs request.
The next item is to move Item l6E2 to 10K. That's a
recommendation that the Board of County Commissioners ratifies
additions to -- additions to, modifications to, and deletions from the
2009 fiscal year pay and classification plan made from October 2,
2008, through December 31, 2008. That item is being moved to the
regular agenda at Commissioner Henning's request.
The next item is Item 17B. In the resolution of this item, Page 9
of 10, the sixth line from the top should read, Lot 9, rather than just
Lot. That clarification's at staffs request.
Commissioners, you have one time-certain item today, and that's
10F to be heard at 10 a.m., and that item is a recommendation that the
Board of County Commissioners provide the County Manager or his
designee guidance as to how to enforce the approved sign code
amendment and regulations as codified in the Collier County Land
Development Code for the geographical area of Immokalee. That
item for time certain, it was asked at Commissioner Coletta's request.
That's all I have, Madam Chair.
CHAIRMAN FIALA: Okay. How about our County Attorney;
do you have anything for us?
MR. KLATZKOW: No changes, Madam.
CHAIRMAN FIALA: Thank you. Thank you.i
Page 5
January 27, 2009
And now Commissioners, do you have any changes to the agenda
or anything to declare on the ex parte?
Commissioner Coletta, would -- can we start with you, please.
COMMISSIONER COLETTA: Thank you, Madam Chair. I
have no changes to the agenda. I have nothing to declare under the
consent agenda.
Under the summary agenda, Item 17D, I have had
correspondence, emails, and we entered three times into AIMS, the
issue itself, to have staff come back and report to us. Thank you.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: I have no further changes to
today's agenda; and ex parte communication on today's summary
agenda, l7F, I met with the Father from St. Elizabeth Seton, also
talked to civic leaders and interesting (sic) parties in Golden Gate
City. That's it.
CHAIRMAN FIALA: Thank you very much.
Commissioner Coyle?
COMMISSIONER COYLE: Madam Chair, I have no
disclosures for the consent agenda, and for the summary agenda, for
Item 17D,E, and F, I have documentation only related to the Planning
Commission hearing, and I have no further changes to the agenda.
CHAIRMAN FIALA: Thank you very much.
Commissioner Halas?
COMMISSIONER HALAS: Somebody took my mike.
CHAIRMAN FIALA: It's right there.
COMMISSIONER HALAS: Good morning, Madam Chair. I
have nothing on the consent agenda. On the summary agenda, on
17E, I've had correspondence and emails in regards to this concern.
And I have nothing else to pull from today's agenda. Thank you.
CHAIRMAN FIALA: Thank you very much.
And I have no changes or recommendations for the agenda and
Page 6
January 27, 2009
nothing to declare on the consent agenda. And on 16 -- 17E, I have
received emails regarding the Fairways Resort. And that's all I have to
declare.
Yes, ma'am.
MS. FILSON: I just want to let the commissioners know that
16C4, which is moved to lOL, is not on your agenda index. I just got
that at nine o'clock. So you may want to mark your index.
CHAIRMAN FIALA: Okay. Would you say that again, 16--
MS. FILSON: 16C4 was moved to 10L.
CHAIRMAN FIALA: Okay, thank you.
MS. FILSON: And that's not on your updated index.
CHAIRMAN FIALA: l6C4. Thank you, Sue.
Okay. And with that, may I have approval for -- today's regular,
consent, and summary agendas?
COMMISSIONER HALAS: So moved.
COMMISSIONER HENNING: Move to approve as amended.
CHAIRMAN FIALA: And I have a move to approve from
Commissioner Henning and a second by Commissioner Halas.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Page 7
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Januarv 27. 2009
Item 3A should read: "20 Year Attendees" (rather than 25 Year Attendees). (Staff's request.)
Item 3A6: Linda Murphy, CDES, will not be present to accept her award. (Recipient's request.)
Item 10A was continued from the Januarv 13. 2009 BCC meetina. further continued to the Februarv 10. 2009
BCC meetinCl and is further continued to the Februarv 24. 2009 BCC meetinCl: This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation
to deny the Alternative Impact Fee Appeal submitted by Tamiami Square of Naples, LLC (Developer) and
authorize the Chairman to execute a notice to the Developer for the collection of the Collier County Water-
Sewer District (CCWSD) Alternative Impact Fee calculation of $120,904 for the existing tenants of Building
300, with Developers concurrence, or the original amount $196,873 without Developers concurrence.
(Petitioner's request.)
Item 10B: The two contracts associated with the award of Request for Proposal Number 08-5038R, have
incorrect signature blocks. They indicate Commissioner Tom Henning as Chairman rather than
Commission Chair Donna Fiala. Corrected contracts have been distributed appropriately. (Staff's request.)
Item 10E: Two pages of back up material for the Gore Parcel and the Berman Trust Parcel are being added
for the 1-75 projects. (Staff's request.)
Add On Item 101: Request that the Board of County Commissioners provide direction with respect to
whether the County should close on the Pepper Ranch transaction, in light of the proposed easement
through the Pepper Ranch and whether the County should reduce the purchase price to reflect the bond
carrying costs and the reduction in value to the Pepper Ranch due to the access. (Staff's request.)
Move 16A5 to 10J: Recommendation to have the Board of County Commissioners (Board) approve the
expenditure of $1,540.00 to pay for the installation of arterial level street lighting at the Casa Del Vida
subdivision entrance. A $10,000 cash bond was posted and is in place to pay for completion of the
improvements. (Commissioner Coyle's request.)
Item 16A12 continued to the Februarv 10. 2009 BCC meetina: Recommendation that the Board of County
Commissioners approve an amendment revising Ordinance Number 05-44 to clarify the requirements for
the Special Magistrate's role in the imposition of nuisance abatement liens. (Staff's request.)
Move Item 16C4 t010L: Recommendation to approve Change Order #2 to Work Order PG-FT-3792-08-01,
Contract #05-3792, with de la Parte & Gilbert, P.A. for Fixed Term Specialized Legal Services in the amount
of $100,000.00. Also note that this item references Work Order PG-FT-3972-08-01, but the correct Work
Order is PG-FT -3792. (Commissioner Henning's request.)
Withdraw Item 1607: Recommendation that the Board of County Commissioners approves, and authorizes
the Chairman to sign, a lien agreement with Jean Baptiste Sergot Souverain and Marie Edith Souverain
(Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 38, Liberty Landing, Immokalee. (Staff's request.)
Move Item 16E2 to 10K: Recommendation that the Board of County Commissioners ratify additions to,
modifications to and deletions from the 2009 Fiscal Year Pay and Classification Plan made from October 2,
2008 through December 31, 2008. (Commissioner Henning's request.)
Item 17B: In the Resolution for this item, page 9 of 10, the sixth line from the top should read "Lot 9"
(rather than "Lot"). (Staff's request.)
Time Certain Items:
Item 10F to be heard at 10:00 a.m. Recommendation that the Board of County Commissioners provide the
County Manager or his designee guidance as to how to enforce the approved sign code amendment and
regulations as codified in the Collier County Land Development Code for the geographical area of
Immokalee. (Commissioner Coletta's request.)
1/27/20098:52 AM
January 27, 2009
Item #2B and #2C
MINUTES FROM THE DECEMBER 23, 2008 VALUE
ADJUSTMENT BOARD SPECIAL MAGISTRATE WATSON;
JANUARY 6, 2009 VALUE ADJUSTMENT BOARD SPECIAL
MAGISTRATE WATSON - APPROVED AS PRESENTED
CHAIRMAN FIALA: Go for it, Commissioner Henning.
COMMISSIONER HENNING: Let me get to it.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Madam Chair, I make a motion
that we approve the December 23,2008, Value Adjustment Board
hearing with Special Master Scott Watson, and January 6, 2009, Value
Adjustment Board hearing with Special Master Scott Watson.
CHAIRMAN FIALA: Thank you. Do I have a second?
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: And now it is a pleasure, as
commissioners, to give our service awards to our employees, and so
we'll all step down front.
Item #3A
SERVICE AWARD 20- YEAR RECIPIENTS - PRESENTED
Page 8
January 27,2009
MR. MUDD: Service awards. We have -- it's our distinct
pleasure today to have five recipients that have served Collier County
for 20 years. The first recipient is Louise Bergeron, and she works for
the library.
(Applause.)
MR. MUDD: Our next 20-year recipient is Danny Dominguez
from road maintenance.
(Applause.)
COMMISSIONER COYLE: Thank you, Danny.
COMMISSIONER HALAS: Thank you very much for your
servIce.
CHAIRMAN FIALA: Glad you're here. You do a wonderful
job.
COMMISSIONER HENNING: Yeah, you make us look good.
COMMISSIONER COLETTA: Thank you for all those speed
bumps.
(Applause.)
MR. MUDD: Our next 20-year recipient is Michelle Edwards
Arnold, alternative transportation.
(Applause.)
COMMISSIONER COLETTA: Wow. Twenty years,
wonderful.
(Applause.)
MR. MUDD: Our next 20-year recipient is Richard Lockerby
from the water department.
(Applause.)
COMMISSIONER COYLE: Richard, thank you very much.
COMMISSIONER HALAS: Thanks for your services.
COMMISSIONER COLETTA: Thanks, Richard. Appreciate
your servIce.
(Applause.)
MR. MUDD: And our last 20-year recipient for today is Jack
Page 9
January 27,2009
Mills (sic), III, from the wastewater department.
(Applause.)
COMMISSIONER COYLE: Jack, thank you very much.
COMMISSIONER HALAS: Jack, 20 years.
CHAIRMAN FIALA: Thank you for your guys.
COMMISSIONER HENNING: Thank you for your service.
COMMISSIONER COLETTA: Congratulations.
(Applause.)
MR. MUDD: Congratulations.
Item #5A
PRESENTATION ON THE PROGRESS OF THE MARCO ISLAND
HISTORICAL MUSEUM. PRESENTED BY MR. BILL
PERDICHIZZI, VICE PRESIDENT, MUSEUM CAPITAL
CAMPAIGN - PRESENTED
Commissioner, we have no proclamation for today, so that takes
us to our next part of the agenda, is presentations.
Our first presentation is on the progress of the Marco Island
Historical Museum, presented by Mr. Bill Perdichizzi, vice-president
of the museum capital campaign. And I think I -- I hope I pronounced
it okay.
MR. JONES: Perfect.
CHAIRMAN FIALA: You did a good job.
MR. JONES: Good morning, ladies and gentlemen, chair
persons (sic). Hank Jones, Department of Facilities Management. It's
my pleasure to introduce to you -- first presenter is Craig Woodward,
who's honorary co-chairman of the Marco Museum Capital Campaign,
followed by Bill Perdichizzi, who is the vice-president and co- -- also
co-chairman of the museum capital campaign.
Craig?
Page 10
January 27,2009
MR. WOODWARD: Right. Well, thank you very much. We
really appreciate you listening to our presentation. It's in two parts.
The first part is the design of the museum, and the second part Bill
will go over kind of where we are and what we have to finish up.
We're going to move fairly quickly because we know you have a lot of
pressing issues today.
The status of the museum and what remains to be done. Little
background on this. The historical society on Marco prepared and
negotiated a contract, a partnership, with you where you donated the
land, and you will staff and operate and maintain the museum and
design and construct the exhibits and the displays using TDC funds.
And we're raising the funds for the museum complex and to
construct the buildings, and then the completed complex would then
be managed jointly by the county and by the Historical Society.
This is what the museum will look like. We did give each of you
a packet, which is this same presentation. This is a model of the
museum. As you come down Heathwood, you would see a shell
mound and then you would see these buildings that have a
chickee-hut-type roof to give you sort of a look that people would
want to stop and visit.
This is the roof. It's actually synthetic thatch material. It's not a
real chickee hut roof. This we found is being used up at Disney World
and has like a 20-year life, and it's fairly expensive, but then that's
something that the Historical Society is paying for. But it gives us
that look with less maintenance.
There's an overhead view of the museum. This is actually of a
model, which I built the model. And the -- it's -- it shows the look of
it. The main museum is the building that has the air-conditioners, the
little green things on the top of it, is actually the main museum. To
the bottom of that main museum is the administration building where
the archives are kept, and then the building on the bottom left is the
Living History Hall where presentations and meetings would be held.e
Page 11
January 27, 2009
There's a lagoon in the front in the shell mound, which you see
from the main road as you go by. The actual lagoon we're making a
little bigger than the model shows. And there's a bridge over the
lagoon, and there's a chickee hut out there. And you can see sort of a
rendering of an Indian canoe there on the -- on the lagoon.
The existing site, as you may well know, has the library on
Marco, which in this picture is in that sort of bottom left area, and then
there was a large area that the county owned that had a women's
gazebo in the middle of it, and that's that circular thing you see there.
That's the actual location of where the museum is going to be built.
It was dedicated on March 15th. And we'll show the progress on
the museum. This shows the site with the complete museum being
built. It's kind of hard to see, but there's parking, around the back
sides, and then the shell mound in the middle.
There's -- right now we're working on Phase 1. We have all our
permits from the City of Marco, and everything is going on that.
Phase I is the main museum and the administration building all of the
parking that's needed for that, the parking to the south and to the west.
We're going to kind of walk through the buildings here. This is
the main museum there on the left and the administration building on
the right. They're being built together sort of one building.
And if you were to go in the entrance, this is -- the main lobby is
right there. You can enter from either the west side or the north side,
and there'll be an information counter, a wall of donors, and there'll be
some traveling exhibits.
Then if you were to go the next room is the special and
temporary exhibit room, and in that room we would have things that
would be traveling exhibits, artwork, shell collections, and any type of
special events.
These are some paintings that were done as part of a program that
we recently did on art, interprets history on Marco.
The next room, which is really our major, largest room, is the
Page 12
January 27, 2009
Calusa room, and you would enter that from the prior room. And the
Calusa room is the -- will depict a Calusa village with various
activities going on. We haven't decided -- we're working with your
staff on what will be there. We hope, as part of this, to have part of
the Cushing expedition artifacts. We're working with the
Smithsonian, which would be very exciting to have some of those on
loan to us.
And as part of this room, we will also have a vault that's being
built in the room that meets our specifications, so the items would
actually be in the vault. You wouldn't know it if you were in the
room. You would just think they're in a display case, but it's actually
a vault.
The next room after leaving the Calusa room is the pioneer room,
and the pioneer room will contain the history and artifacts of the
pioneer era, the Barfields, the Colliers, the -- you know, those are the
people that lived on Marco in the early days. And we'll also have short
videos and some, you know, reenactment areas and discussion areas.
The next room is the Deltona modern Marco era, which would
really be the early '60s in the development of the island by the Deltona
Corporation.
And it would -- there's a picture of the MackIe brothers and a
picture of the original site plan for Marco Island. And we'll have a lot
of artifacts and things like that from the modern era.
And then the next room would be the museum store. And so
basically you're sort of making a big circle around the building as you
walk through each of these different areas. And then you would move
from there.
In the museum store we would have things like DVD's, books,
and things for sale. And the profits would go to the Historical Society
to continuous with us to maintain and replace exhibits, to add traveling
exhibits and things like that.
The next building is the administration building and archival
Page 13
January 27, 2009
area, and it will contain offices, conference rooms, lunchroom for
employees, reference library, shipping, receiving areas.
The second phase of the museum is the top part, which is a little
parking lot up there and a Living History Hall. And here's an artist's
rendering of what that building will look like, and also this is what the
inside of it will look like. That building is designed with the wood
floor and sort of the inside will also have a chickee hut, so you think
you're really looking up at the real roof. Instead it's really two roofs
on top of each other.
Now I'm going to turn the presentation over to Bill, who's going
to finish up with the remaining items here.
Bill?
MR. PERDICHIZZI: Good morning. What I'm going to go
through now is basically what we've done and where we're going.
These are the completed actions. In June of 2007 we had
prepared the site plans and we discussed them with the city and the
county. We had to revise the site plans and resubmit them to the city
and county December of 2007 based on the conversations that we had
with them and their suggested edits and then comments.
In that process we actually contacted five well-known contractors
in the area, and we sent out bid proposals to them in June of 2008.
The site plan was finally approved by the city in July of 2008,
and so we went out to contractor, and we selected Core Construction
in August of2008.
The county staff verbally approved on September 15th the start
date of September 11 th -- excuse me -- start date of September 15th on
September 11 tho
The county's also improved the installation of the foundation
footers on November 11,2008, and the City of Marco Island directs
revision of footers and the stem walls to meet the city requirements.
The county has agreed to -- agreed to revise the footers and stem
walls on December 1 of 2008, and the city finally approved the
Page 14
January 27, 2009
building permit December 5 of 2008.
The site preparation for footers and preparation, mid December
through January, is the period that all that has been taking place. In
fact, right now we're in the position of -- they're putting in the stem
walls and are -- soon will start the foundation.
With regards to fundraising. In -- by mid January of 2009, we
had raised $4.1 million out of our goal of $4.5 million. We have
$400,000 left to raise. And with the fundraising efforts that we've got
planned, we feel very confident that we will reach our goal by the end
of2009.
And we feel quite strongly that we're going to be able to build
both buildings now by probably January of201O, so we are in the
process now of having the plans designed for the Living History Hall,
and we're going to be submitting those to the county and the city
shortly for their review and approval.
What remains to be done. From the Marco Island Historical
Society, we still need approval from the county to proceed with the
constructions. This is a vertical construction of the buildings.
Hopefully we should receive that fairly shortly because we're just
about ready to start building that. We need to complete the
fundraising for Phase II. But as I said, we feel quite confident that we
will reach our goal by the end of 2009.
We need to provide the county staff with the MIHS archival
inventory. And we actually have some very nice items in our
inventory. One is an actual Calusan necklace that was discovered in
the 1995 dig by Dr. Rudolph Whitmore, and another is a very rare
square pottery, piece of pottery, which right now is being held by Dr.
Bob Carr. And as soon as the museum is built and we have a secure
place to save it, that will go into the museum also. And square pottery
is extremely rare in Indian pottery, so we're quite anxious to display
that.
And we have many other things. We have some large wheels
Page 15
January 27, 2009
that we've discovered on the island. So we do have a number of
original artifacts, but we still plan to work with Smithsonian and with
the University of Pennsylvania to obtain additional artifacts.
We have to work with the county staff to plan a display -- display
the exhibit, and Ron just gave us a package today of his initial
thoughts, and we're going to go over that and get back together with
them. Some of them look pretty good to us right now. So I think that
we're making excellent progress there.
And then upon completion of the buildings, we need to deed the
buildings to the county, and they will become your property. We need
to work with the county to establish joint management board, so we
still really have to outline all of the parameters to how that joint board
is going to function, how often it will meet, et cetera. And then the
joint board, once established, is going to have to set up the
management operating policies and procedures.
What remains to be done by the county? Well, you still need to
budget funds for the planning and design of displays and exhibits; you
need to budget funds for the purchase and acquisition of the displays
and exhibits; and you need to budget funds for the management,
operation, and maintenance of the Marco Island Museum complex.
You're going to have to plan, acquire, or construct the displays
and exhibits, and then you're going to have to hire or transfer staff to
operate the museum, and then we need to work together to establish
joint management boards.
This is sort of a rough schedule that we've come up to. Most of
them are -- with the exception of the first item, they're earliest possible
dates. We think that definitely the museum and the administration
building will be completed by September 30th, but it may be even
completed earlier than that. We don't see any possible glitches on that
area.
So if everything goes according to plan and we finish on
September 30, we'll be ready to deed the property over to the county
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January 27, 2009
on October 1 of 2009. And, of course, I think this fits in with your
TDC budget schedule. So hopefully everything should fall into place
there.
As far as the opening of the museum building, we can do that
anywhere from October Ion. I think it's a matter of collecting the
material that we have and then setting it up in the museum. As soon
as we can possibly do that, we're going to work with the county to
help that happen. And so from really October on, it would -- that
museum could open to the public.
December 31 st is the anticipated completion of the Living
History Hall, so hopefully the whole complex should be completed by
the end of2009, and sometime in January 2010 we are planning a
formal opening of the full museum complex to the public.
These are some ofthe activity that's (sic) taken place. This is the
demolition of the Women's Club gazebo, but that's going to be
replaced by the gazebo that Craig showed you in the earlier
PowerPoint presentation; that gazebo near the lagoon will be replacing
this.
This site preparation, the deep area there is a water retention area,
and the site was built up to over 10 foot. This is how we hope to give
the Indian mound effect so that when you drive by on Heathwood you
see an Indian mound.
This is where we stand now today. I took this picture actually
day before yesterday. You can see the stem wall being put in,
concrete being poured to the footers and stem wall, and hopefully the
foundation will start pretty soon.
What happened to my picture of the finished product? Oh, there
it is. This is the finished product as it's going to be, and we think that
it's going to be a jewel in the Collier County Museum system.
We really would like to thank the commissioners for all of the
support that they have provided us. You've been absolutely marvelous
in this project. We'd also like to give special thanks to the county
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January 27, 2009
staff, especially Ron Jamro, who accompanied us all the way up to
Tallahassee to help apply for a grant from the state that we're still
awaiting word on whether or not the state legislators will approve
money for those grants. We did get approval for the grant. We're, I
think, 23rd on the list, but if they approved the funds for it, we should
be getting $500,000.
And the effort that was put into that grant application by your
staff was absolutely terrific. They -- they're very timely and very, very
hard working on the whole thing.
And we'd just like to thank all of the people involved on this
project. And we hope that, indeed, this will be the jewel of the Collier
County Museum.
By the way, if -- we are closing the Founders Circle on May
15th. We feel that that's going to be the end of anybody's opportunity
to be able to have their name on the wall. So any of you
commissioners that would like to have your name on the wall of the
museum -- I know Commissioner Fiala already has her name on that
wall -- we welcome you to either make a pledge or donation to the
museum project.
Thank you very much.
CHAIRMAN FIALA: Thank you. It's an exciting, exciting
museum to see being built. And I'm so pleased. Our staff is just
delighted that you all are doing this, and so will the community. That
will pretty well round out our museum complexes then, wouldn't it, or
museum family. That's great.
Any questions from commissioners?
COMMISSIONER COLETTA: If! may comment.
CHAIRMAN FIALA: Certainly.
COMMISSIONER COLETTA: I tell you, the thing that makes
this so unique is the fact that you have -- it's a community venture.
This isn't a county venture. This isn't Collier County Government
that's putting this together. It's the citizens of Marco Island that have
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January 27, 2009
formed this together, found the money. About the only thing we
really helped them with is the available land to be able to use and, for
the most part, that was surplus.
But I commend the citizens of Marco Island that got involved in
this, and especially you, Commissioner Fiala, for spearheading this
and moving it forward.
CHAIRMAN FIALA: Thank you. Thank you so much. And
thanks, everyone. Wonderful report.
We move on.
Item #5B
WASTE REDUCTION AWARDS PROGRAM. THE WRAP
AWARD, IS PRESENTED TO THE NAPLES BOTANICAL
GARDEN FOR CONTRIBUTING TO THE GREATER GOOD OF
ALL OF COLLIER COUNTY BY PROMOTING GREEN
BUSINESS PRACTICES, THEREBY HELPING TO PROLONG
THE LIFE OF THE COLLIER COUNTY LANDFILL -
PRESENTED
MR. MUDD: Commissioner, that brings us to 5B, which is the
Waste Reduction A wards Program. The WRAP award is presented to
the Naples Botanical Garden for contributing to the greater good of all
of Collier County by promoting green business practices thereby
helping to prolong the life of the Collier County Landfill.
CHAIRMAN FIALA: Do we read this proclamation?
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: Okay. May I give this to somebody?
There we go. And also I'd like to give this to somebody, because this
is also yours. Beautiful award.
And I shall read it. Proclamation -- as soon as I put my glasses
on.
Page 19
January 27, 2009
The mandatory non-residential recycling ordinance adopted by
the Board of County Commissioners on July 27,2004, established the
Waste Reduction Awards Program, the WRAP. The WRAP award
recognizes businesses and institutions for enhanced and innovative
recycling programs.
The Board of County Commissioners is pleased to recognize
Naples Botanical Garden for contributing to the greater good of
Collier County by promoting green business practices, thereby helping
to prolong the usable life of the Collier County Landfill.
Naples Botanical Garden is a good example for other businesses
in the area. Some aspects of their recycling program include
purchasing office supplies, paper, and dishware products made with
recycled content or that are environmentally friendly, recycling all
plastics, cans, cardboard, magazines, junk mail, and offices paper,
providing each staff member with cardboard boxes for the easy
collection of recyclable office paper, publishing their maps, brochures,
and their newsletter Garden on recycled paper, purchasing refillable,
recyclable ink cartridges and reusing office paper for notes and scratch
pads, shutting off lights when not in use, utilizing daylight when
possible, and installing programmable thermostats, compo sting yard
and garden waste, utilizing shredded newspaper as mulch. The smart
car used on site uses no fuel, runs on electric motor charge, gets 40
miles per charge, and travels up to 25 miles per hour.
The WRAP Award Program includes a framed certificate, a
trophy -- oh, well, I don't know if you need to know that, right?
The solid waste department and the Board of County
Commissioners congratulate Joyce Zirkle, COO; Jill Berry, director of
external affairs; Rich Lewis, operation manager; Janele Smith, Chad
Washburn, Brian Galligan, David Webb, Pat Lampe, Chris Brighton,
and all of the staff of Naples Botanical Garden for their outstanding
green business practices and continued efforts to promote waste
reduction and recycling.
Page 20
January 27,2009
Their green team -- and you're looking at them -- promotes
conservation and sets a positive -- positive example to others that will
have a significant effect on sustaining the useful life of the Collier
County Landfill and protecting the environment.
Jim, do we have a written one of these to give to them or should I
just --
MR. MUDD: No, but we can get one through Mr. DeLony, and
it will get over to them.
CHAIRMAN FIALA: Wonderful. I'll just give you this as a
temporary proclamation. And we want to thank you all for all of your
work. Thank you.
(Applause.)
CHAIRMAN FIALA: And maybe you'd like to get up -- I hope
some of you have taken a ride past the Naples Botanical Garden to see
all the activity going on there. Oh, my goodness. It's exciting. It just
-- it makes you salivate waiting till it comes to be, so --
Thank you. Would you like to say something, Jill?
MS. BERRY: I just want to, on behalf--
CHAIRMAN FIALA: You have to go to a microphone. Thank
you.
MS. BERRY: On behalf of the green team and the entire garden,
we just want to thank you for this award. And we believe that the
program that the county's running is concurrent with our mission of
being a good sustainable example for everyone in our community.
Thank you.
CHAIRMAN FIALA: Thank you. Thank you very much.
(Applause.)
Item #5C
RECOMMENDA nON TO RECOGNIZE JOANNE
MARKIEWICZ, OPERA nONS MANAGER, PURCHASING
Page 21
January 27,2009
DEPARTMENT, AS SUPERVISOR OF THE YEAR FOR 2008-
PRESENTED
MR. MUDD: Commissioners, that brings us to our next
presentation, and that's a recommendation to recognize Joanne
Markiewicz, who's the operational manager for the purchasing
department, as Supervisor of the Year for 2008.
Joanne, if you could come forward, please.
(Applause.)
MR. MUDD: Joanne Markiewicz, operations manager for the
purchasing department, has been selected as the Supervisor of the
Year for 2008.
Joanne is a knowledgeable and professional manager who is
committed to giving her best to Collier County. She is a team player,
always willing to roll up her sleeves and pitch in.
Joanne has learned every position under her supervision from the
ground up. This gives her a complete perspective of each role,
allowing her to restructure responsibilities effectively and grow the
skills of her staff.
Her employees see their roles expand in a logical and consistent
manner, allowing each of them to meet the challenges facing the
county while gaining new levels of confidence and success for
themselves.
Joanne has been instrumental in making the purchasing
department a more cohesive team by encouraging communication,
focuses on common goals, and increasing teamwork at every
opportunity. She is an innovative thinker who goes to extraordinary
lengths to return value to the taxpayers.
Examples of this can be seen in the department surplus property
efforts, use of alternative markets for the sale of unwanted equipment,
and the expansion of the purchasing card program to bring rebates
back to the county. She is the first to investigate new technologies
Page 22
January 27,2009
and recommendation solutions to challenges.
Joanne serves as an example of how to get things done right, on
time, and within budget. For these reasons and many more not listed
here, she is truly deserving of the title Supervisor of the Year for 2008.
CHAIRMAN FIALA: Wow.
MR. MUDD: May I present to you Joanne Markiewicz.
(Applause.)
MS. MARKIEWICZ: Thank you very much.
COMMISSIONER COLETTA: Thank you.
COMMISSIONER HENNING: Congratulations.
CHAIRMAN FIALA: Thank you for all your work.
COMMISSIONER HALAS: Outstanding.
COMMISSIONER COYLE: Congratulations.
MS. MARKIEWICZ: Thank you.
MR. OCHS: Congratulations. Thank you very much.
MR. MUDD: Congratulations.
(Applause.)
Item #5D
PRESENTATION ON THE PROGRESS OF THE WIDENING OF
COLLIER BOULEVARD (US 41 TO DAVIS BOULEVARD)
FROM THE EXISTING 4 LANES TO A 6 LANED DIVIDED
ROADWAY, DRAINAGE IMPROVEMENTS, LIGHTING, BIKE
LANES, SIDEWALK AND PATHWAY - PRESENTED
MR. MUDD: The next presentation is a presentation on progress
of widening Collier Boulevard, U.S. 41 to Davis Boulevard, from
existing four lanes to six lanes divided roadway, drainage
improvements, lighting, bike lanes, sidewalks, and pathways.
And Mr. Jay Ahmad, your Director of Construction and
Engineering for the Transportation Department, will present.
Page 23
January 27, 2009
MR. AHMAD: Good morning, Madam Chair, Commissioners.
I'm Jay Ahmad, for the record. I'm your Director or Transportation
Engineering and Construction Management.
This item this morning is a presentation by Better Roads, Inc., for
the construction of -- to give you a status on the construction of
Collier Boulevard, the project that started in October, 2007, to widen
Collier from U.S. 41 to Davis.
The project has been progressing, and we're approximately 50
percent complete, little bit over 50 percent complete. And I have with
me Robbie Powell to give you a status report on the status of this
project.
As you know, the construction of this project is to the median
and to add that third lane in each direction. And from the status report
that you have, it shows the project is somewhat behind schedule,
although the majority of the pay items for dollars that would report to
you are in milling and overlaying. Essentially we will be milling the
entire five-and-a-half miles of roadway and overlaying into the
asphalt. So those dollars are to come, and we are progressing on
schedule. Regardless of what is shown on here, we are progressing to
completion by September 2009.
Robbie Powell with Better Roads here.
MR. POWELL: Good morning. As Jay said, my name is Robbie
Powell. I am vision manager for Better Roads.
Right now our current status, as Jay said, we are widening
everything to the median. So all drainage has been completed in the
median area. We've paved approximately five-and-a-half miles of
structure course, which is the bottom lift of asphalt at this time.
We've completed and are finishing up over the next month the
rest of the widening from Business Circle to Davis Boulevard. Along
with that, the lighting is installed, is approximately three quarters of
the way complete, and we anticipate the signalization on the project
being done somewhere around the first part of March of '09.
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January 27,2009
Along with that, there is a greenway or pathway, as it were, on
this project. In the beginning that was delayed for a significant
amount of time due to some overlapping with Ackerman Construction.
We're currently proceeding on that, and that is going well and quickly.
As Jay said, the dollar figures that you have in front of you and
that you've reviewed do show us approximately 14 percent behind
schedule, but rest assured, Better Roads will be completing this project
on time, and we feel that, like Jay said, all of the dollars really kind of
come at the end.
The dynamics of this project widening to the median create for
slower progress. It takes a while to get the limerock in, get it going,
get it widened. The asphalt is done very quickly. And as you know,
being that it's a fuel product or a tumidus (sic) product, it does come
with a higher dollar amount.
What you'll probably see in the next one to two months is a
tremendous increase in the payout to Better Roads for the work in a
shorter period of time.
Along with that, we would just also like to point out that we have
been working closely with Collier County on taking care of any issues
that we've run into and KCCS. Our team is very much complete, and
it has done a very good job, in my opinion, on communicating with
each other and making sure everybody is on the same page and
progressing nicely.
CHAIRMAN FIALA: Thank you.
Any questions from commissioners?
(No response.)
CHAIRMAN FIALA: Very good. Thank you so much.
MR. POWELL: Thank you. Have a nice day.
CHAIRMAN FIALA: We move on to public petitions.
MR. MUDD: Yes, sir. Yes, ma'am. And the first --
CHAIRMAN FIALA: That's all right.
Page 25
January 27, 2009
Item #6A
PUBLIC PETITION REQUEST BY JEFF NUNNER TO DISCUSS
SIGN PERMIT FOR NAPLES MAZDA - MOTION TO APPROVE
A WAIVER TO OBTAIN A SIGN PERMIT - APPROVED
MR. MUDD: -- and the first -- I'm sorry.
And the first public petition is a request by Jeff Nunner to discuss
the sign permit for Naples Mazda.
MR. NUNNER: Good morning, Commissioners. My name is
JeffNunner, and I am representing Myers Enterprises, owner of
Naples Mazda.
Thank you for your time today, and we appreciate your
consideration to support our request to allow the Mazda monument
sign to be installed at this time.
Naples Mazda site is located at the southwest corner of Airport
Road and J&C Boulevard. The Mazda site is connected to the existing
Dodge facility.
The Myers family has been in business in Collier County since
1971. The Mazda building project is temporarily on hold due to
current economic conditions.
The Mazda sales and service are currently provided at the Naples
Dodge facility. Proper signage is necessary in order to identify the
location of the Mazda dealership in order to conduct business.
We have met with county staff and have been directed to pursue
this request with the Board of County Commissioners.
Again, we thank you for your consideration considering this
request.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. Mr. Nunner, you came to my
office to talk to me about this particular concern. As you know, you
stated basically that you have got the site laid out for where the
Page 26
January 27,2009
building is going to be and that you were requesting that the sign be
located out in front without the building in -- the building being built.
Our concern is that, normally we like to have the building and the
sign put in place at the same time.
Is there any possibility that the sign can be put with the current
sign which advertises Chrysler and Dodge at the present time?
MR. NUNNER: We looked into that, Commissioner. The
current sign is actually owned by those manufacturers, and it's leased
back through the local dealership. Also, that sign is at its maximum
square footage allowed. So in order to add another dealership to that
sign, we would have to reduce the existing sign, and that's just not an
option for us.
COMMISSIONER HALAS: Okay. If the board decides to bring
this item back to be approved, is there anything that can be of a public
benefit here? And I guess where I'm going with this is that I believe
with your approval of the site for the building of the Mazda facility,
there were some discussions or some promises made of intersection
improvements at J &C and Airport.
MR. NUNNER: That's correct. We would -- we would ask that
the board consider approving our request today and not require us to
come back for a public hearing. That being said, there is a
requirement in our PUD that the Myers provide engineering for J&C
improvements, which includes also signalization improvements at
J &C and Airport Road intersection.
That requirement isn't due until the building is ready for a
Certificate of Occupancy, but we would be willing to go ahead and do
that engineering and permitting at this time if we could move forward
with our sign.
COMMISSIONER HALAS: And complete the intersection
improvements prior to the building being built; is that correct?
MR. NUNNER: Well, we can only meet the requirements that
we've committed to in the PUD, which is to have that design
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January 27,2009
completed and to do the permitting process. As far as having those
improvements completed, that would be outside of our control.
COMMISSIONER HALAS: County Attorney, I guess I need
some assistance here. They're looking for a waiver in regards to their
sign. We really can't give that to them today other than the fact that
we can bring it forward to probably the next meeting after it's properly
advertised?
MR. KLATZKOW: I don't think you need to advertise this. If
you want to take action now, you can, although you typically ask for
this to come back in an executive form, generally on consent, so you
can get broader information. The choice is yours how you want to
deal with it.
If what you're asking is for them to accelerate their commitments
before the sign goes in, then I would recommend that you direct staff
to come back on the consent with the executive summary with some
sort of documentation to that effect.
COMMISSIONER HALAS: Well, I think what we need to do is
make sure that what we did is put things in order so that they can get
their monument sign but also that they fulfill the commitments of
intersection improvements at this point in time.
MR. KLATZKOW: I think Nick wants to say something.
CHAIRMAN FIALA: You have something to say on this?
MR. SCHMITT: Well, let me clarify. For the record, Joe
Schmitt, Community Development Administrator.
There is no variance procedure for this. So there would be no
public advertisement or no requirement to -- unless you want it to go
through some kind of a proceeding.
But basically what he's asking for is the board to grant the
allowance of putting up an accessory structure, which is a sign,
without having the principal structure constructed.
In could ask to put the visualizer on. So there's really no
procedure for that. This is a special exception.
Page 28
January 27, 2009
Mr. Nunner has agreed to do the engineering. Nick can talk about
what is going to be done as far as on site. The site is already being
used to store cars. It's an SDP that's already approved. Some work has
already started on that site. I'm not sure what the issues are in regards
to the building of the actual building.
I'm sure it has to do with construction loans and, of course, the
uncertainty in the auto industry. But from a standpoint of doing the
improvements, at the corner where the sign is going to go in, it will be
built in accordance with the LDC. There are no variances required in
regards to the sign itself, and the sign will be constructed in
accordance with what has been approved on the SDP landscape as
required by the LDC. In that regard it's up to the board.
Frankly, we have no problems with the sign going in, just with
the understanding that it's an accessory being allowed without the
principal structure.
And I'll turn it over to Nick if you want to ask any questions
about the intersection improvements.
COMMISSIONER HALAS: Well, my concern is, this is kind of
an unusual case.
MR. SCHMITT: Yes.
COMMISSIONER HALAS: And what I want to make sure is
that there's some public benefit out of not only him getting the sign but
the citizens getting the intersection improvements done prior to the
building being built because, obviously, there's been a lag here in
regards to constructing the building because of the economic climate.
MR. SCHMITT: Well, we're going to require that the
engineering be done in accordance with the PUD and -- in accordance
with what is approved on the SDP. They will do the engineering. I'll
turn it over to Nick. Nick can describe how the construction's going to
take place.
MR. CASALANGUIDA: For the record, Nick Casalanguida
with transportation. I applaud the Myers. They've really worked with
Page 29
January 27, 2009
us on this project.
If they're willing to accelerate the design, that's the public
benefit. We're working right now with the MSTU funds and bringing
it to the MSTU for review. The number one priority for those
additional funds would be this intersection improvement. To have that
design in place and ready to go would accelerate that right project. So
if they're willing to accelerate the design, that's a good public benefit
for us.
COMMISSIONER HALAS: Okay. Well, I make a motion that
we approve this sign variance.
COMMISSIONER COYLE: I second it.
CHAIRMAN FIALA: Okay. I have a motion on the floor by
Commissioner Halas to approve this sign variance and a second by
Commissioner Coyle.
Commissioner Henning?
COMMISSIONER HENNING: No.
CHAIRMAN FIALA: Commissioner Coyle?
MR. SCHMITT: Can I clarify for the record. It is not a variance.
It's just to allow the sign to be constructed.
COMMISSIONER HALAS: It's a waiver.
MR. SCHMITT: We'll use that word.
MR. KLATZKOW: You're accelerating the process. That's all
we're doing.
COMMISSIONER HALAS: Yep, okay.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Nothing.
CHAIRMAN FIALA: Nothing? Okay, very good.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
Page 30
January 27,2009
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Very good, thank you.
MR. NUNNER: Thank you.
Item #9A
RESOLUTION 2009-25: APPOINTING CHRIS STEPHENS TO
THE ENVIRONMENTAL ADVISORY COUNCIL - ADOPTED
MR. MUDD: Commissioner, that brings us to it- -- or Paragraph
9, and that is 9A, appointment of a member to the Environmental
Advisory Council.
COMMISSIONER COLETTA: If I may?
CHAIRMAN FIALA: Certainly.
COMMISSIONER COLETTA: I'd like to make a motion that
we go with the committee -- well, they didn't make a recommendation
-- but the only technical member that's been offered up, and that's
what they're looking for, is Chris Stephen (sic).
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Motion on the floor for Chris Stephens --
or Stephens, and a second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Page 31
January 27,2009
Item #9B
RESOLUTION 2009-26: APPOINTING MAURICE J. BURKE TO
THE COASTAL ADVISORY COMMITTEE - ADOPTED
MR. MUDD: Commissioners, that brings you to 9B, which is
appointment of a member to the Collier County Coastal Advisory
Committee.
COMMISSIONER HALAS: Motion to approve James Burke.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Motion to approve and a second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Item #9C
REQUEST BOARD OF COUNTY COMMISSIONERS CONSIDER
WAIVING THE RESIDENCY REQUIREMENT IN RELATION
TO GARY EIDSON, MEMBER OF THE RURAL LANDS
STEWARDSHIP AREA REVIEW COMMITTEE - MOTION TO
WAIVE RESIDENCY REQUIREMENT - APPROVED
MR. MUDD: Commissioner, that brings us to 9C. It's a request
that the Board of County Commissioners consider waiving the
residency requirement in relation to Gary Edison, member of the Rural
Lands Stewardship Area Review Committee.
Page 32
January 27,2009
COMMISSIONER HALAS: So moved.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. I have a motion on the floor to
approve by Commissioner Halas, a second by Commissioner Coyle.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. They're due to sunset this
spring. I don't see any problem with that as long as -- as long as the
committee sunsets.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
MR. MUDD: Commissioners, just -- there's some clarification. I
believe I read in the weekly community development's environmental
services weekly on Friday that this group is coming to the board for an
extension to their life for another year, so it will sunset in April of
2010. That hasn't come to you yet, but I want to make sure that you're
aware of that idea coming forth from this committee because they
haven't finished everything that they need to get done because of extra
reviews, the EAC, the CCPC, and things like that that came -- that
came later into the process.
It has nothing to do with your request today. I just want to make
sure -- Commissioner Henning's absolutely right. It's due to sunset
this year. I believe they're going to ask for a year extension.
Page 33
January 27,2009
Item #lOB
AWARD OF REQUEST FOR PROPOSAL NUMBER 08-5038R
AUTOMATED METER READING SYSTEM TO FERGUSON
ENTERPRISES, INCORPORATED AND MUNICIPAL WATER
WORKS, INCORPORATED IN THE ESTIMATED AMOUNT OF
$2,000,000 - APPROVED
That brings us to lOB, and that's a recommendation to approve
award of request for proposal number 08-5038R, Automated Meter
Reading System to Ferguson Enterprises, Incorporated, and Municipal
Water Works, Incorporated, in the estimated amount of $2 million.
And Mr. Paul Mattausch, your Director of your Water
Department, will present.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Great presentation, Paul.
I have a motion to --
MR. MATT AUSCH: Thank you, Commissioner.
CHAIRMAN FIALA: -- to approve by Commissioner Henning,
second by Commissioner Coyle.
Any discussion?
(No response.)
CHAIRMAN FIALA: Any speakers?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
Page 34
January 27, 2009
(No response.)
CHAIRMAN FIALA: Very good.
Item # lOC
THE PURCHASE OF THREE FIXED-ROUTE BUSES AND
TROLLEY DECAL WRAP FOR COLLIER AREA TRANSIT, AT
A TOTAL COST OF $1.058,460 - APPROVED
MR. MUDD: Commissioner, our next item is a recommendation
to approve the purchase of three fixed route buses and trolley decal
WRAPS for the Collier Area Transit at a total cost of $1 ,058,460. And
Mr. Norman Feder, your Transportation Services Administrator, will
present.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER COYLE: Second.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Okay. Another great presentation.
MR. MUDD: So far, ma'am.
CHAIRMAN FIALA: Any discussion?
(No response.)
CHAIRMAN FIALA: All those -- I have a motion by
Commissioner Coletta to approve, a second by Commissioner Coyle.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thank you.
Page 35
January 27,2009
Item #lOF
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS PROVIDE THE COUNTY MANAGER OR
HIS DESIGNEE GUIDANCE AS TO HOW TO ENFORCE THE
APPROVED SIGN CODE AMENDMENT AND REGULATIONS
AS CODIFIED IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR THE GEOGRAPHICAL AREA OF
IMMOKALEE - MOTION: NEW SIGNS MUST COMPLY WITH
SIGN ORDINANCE; EXISTING SIGNS THAT ENDANGER
CITIZEN HEALTH, SAFETY AND WELFARE MUST COME
INTO COMPLIANCE AND DIRECT STAFF TO WORK WITH
BOB MULHERE AND IMMOKALEE CRA TO PRODUCE A
SIGN ORDINANCE FOR THE IMMOKALEE AREA -
APPROVED; MOTION: TO RECONSIDER PREVIOUS MOTION
- APPROVED; MOTION: NEW SIGNS MUST COMPLY WITH
SIGN ORDINANCE; EXISTING SIGNS THAT ENDANGER
CITIZEN HEALTH, SAFETY AND WELFARE MUST COME
INTO COMPLIANCE OR BE TORN DOWN; DIRECT STAFF TO
WORK WITH BOB MULHERE AND THE IMMOKALEE CRA
TO PRODUCE A SIGN ORDINANCE FOR THE IMMOKALEE
AREA; EXISTING SIGNS WITHOUT A PERMIT MAY REMAIN
AS THE COUNTY WOULD HOLD BURDEN OF PROOF; NEW
SIGNS WILL REQUIRE A PERMIT AND COMPLIANCE WITH
THE CURRENT SIGN ORDINANCE AND EXISTING SIGNS
THAT THE COUNTY CANNOT PROVIDE PROOF REGARDING
PERMITS MAY STAY UNTIL A NEW SIGN ORDINANCE IS
ADOPTED - APPROVED
MR. MUDD: Commissioners, you have a time-certain item at lO
a.m. Brings us to lOF. We're close.
It's a recommendation that the Board of County Commissioners
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January 27,2009
provide the County Manager or his designee guidance as to how to
enforce the approved sign code amendment and regulations as
codified in the Collier County Land Development Code for the
geographical area of Immokalee.
Mr. Joseph Schmitt, your community development administrator,
and Ms. Diane Flagg, your code enforcement director today, will
present.
MR. SCHMITT: Commissioners, again, good morning. I won't
go into great detail. You have the executive summary, but this was
brought up at the last meeting by the County Manager where we noted
there were 80 cases involving code violations in Immokalee regarding
SIgns.
The executive summary goes into detail about the history of the
sign code. Of course, it goes back to 2001. The executive summary
notes there are 80 cases, 40 of which have been abated, six are
working towards compliance, and there's 34 on hold.
We're basically here today in response to your request to bring
this item back. We've provided pictures of the existing violations.
Subject to your questions, that pretty much concludes my initial
opening remarks.
I think we're here as -- basically to get your guidance on how to
proceed. Our intent with these is to get with each of the
establishments and discuss in detail where the violations exist. I think
there was some, shall I say, some annoyance that code enforcement
didn't really get with each of the proprietors or the owners of these
properties and define what the violation was. That certainly will be
taken care of. We will meet and greet with each of the property
owners if you direct that we proceed, and we'll describe in detail what
the violation is and what needs to be abated.
Many of these signs have existed for many years in Immokalee.
We're here, if you want to decide just to leave this as is, and we'll
direct our resources elsewhere.
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January 27,2009
Also I'd like to note that certainly there are existing violations in
the coastal community that we're pursuing as well.
So that pretty much concludes my opening remarks.
CHAIRMAN FIALA: Very good.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. I don't have any problem
to put this offuntil the committee brings forward a potential LCD
change. I guess my only concern is health, safety, and welfare with
the placement as far as on how they're secured, and make sure that
they don't interfere with visual -- traffic visual issues and all -- at the
end of the day, they're all going to have to be -- have to have a permit.
MR. SCHMITT: We've included some in here that have already
come into compliance, so there are -- not every one of these note. We
note there some that are in compliance. But basically what I've just
heard you say, ifthere are any ones that we deem that violate a line of
sight or some other type of health, safety, welfare, we'll deal with that
immediately but, otherwise, we'll wait till some kind of an LDC
amendment is prepared and sent before you to deal with this.
COMMISSIONER HENNING: Right. But would it be fair to
say that they all have to be permitted eventually?
MR. SCHMITT: They're all going to have to be permitted or
replaced. Those that are not --
COMMISSIONER HENNING: Or removed, if they don't
comply with the new sign code for Immokalee?
MR. SCHMITT: Yes.
COMMISSIONER HENNING: Yes. So that's kind of where I
am.
CHAIRMAN FIALA: Okay. Commissioners, I have three
commissioners waiting on deck, but would you like to hear from the
speakers first?
COMMISSIONER COLETTA: Sure.
CHAIRMAN FIALA: We have five speakers, and then that will
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January 27, 2009
move this along.
COMMISSIONER HALAS: Well, I'd just like to ask one
question. I think it would clarify something, if I could.
CHAIRMAN FIALA: Sure.
COMMISSIONER HALAS: In the agenda package on Page 2,
just the last paragraph above the fiscal impact, it says, of the 80
alleged sign violations in the Immokalee community, 40 cases have
been abated through voluntary compliance. Six cases are working
towards compliance by obtaining the required permits; 34 cases are on
hold. And then it says, of these cases, the property owners have not
been notified of the alleged violations or the properties that have
alleged violations.
Can you clarify that? If everybody -- if you had 80 and they
came into compliance and you got only 34 left but you haven't
notified them -- I don't understand what the problem is.
MR. SCHMITT: Well, when the manager brought it up -- go
ahead.
MR. MUDD: Hang on, Joe. Let me -- there's a piece that is -- if
you remember correctly last time I brought it up, I got a call from Fred
Thomas before Christmas and said, there's a sign inspector that's out
there, and he's notifying businesses that they have sign issues, and a
lot of people are upset, especially around Christmastime. Could we
ask you to cease and desist until after Christmas?
And I told him -- he said, cease and desist. And I said, I can't just
not obey the board's rules. I said, I will hold off at Christmastime
because it's Christmastime. We will not notify any more, but I have to
bring this back to the Board of County Commissioners the first
meeting that they have in January, and I did during communications
so that you knew that I had an issue that was out there so I could get
some guidance from you as far as to continue to move on and notify
the rest and/or to wait your direction.
And your decision last time was to bring this back as a -- an
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January 27, 2009
agenda item and that's what we're talking about today.
And so, Commissioner Halas, I think that clarifies and answers
your question, sir.
CHAIRMAN FIALA: Thank you. We'll call on the speakers,
now.
MS. FILSON: I have one additional speaker. Do you want to
accept that one?
COMMISSIONER COLETTA: Please do.
CHAIRMAN FIALA: Yes. Oh, okay.
MS. FILSON: Thomas Patterson. He'll be followed by Penny
Phillippi. We have three minutes for each speaker.
MR. PATTERSON: Hello, Commissioners. My name's Thomas
Patterson. I'm representing Taps Automotive Performance and
Service. We've been in business in Immokalee since 1996. We built
our present location in October of 1998. We were on the EDC, the
fast track, with Helene Castletine (phonetic). It was a -- I think we
were one of the first businesses to go through that in Immokalee.
We had a sign built. It was about $20,000. The sign was
inspected by the county and approved for all wind ratings and so forth
and so on. I contacted Alltech (phonetic) Sign Company, and they are
out of business at this time.
The problem that we're facing is the county's saying that I did not
have a permit for this humongous sign and -- that we built in 1998. I
have a permit number that's on the sign from Alltech, and I believe it's
a possible data entry problem or perhaps -- we would like to comply
with the codes.
There's no safety factor on this sign. It is definitely wind rated
and has already been through a couple of hurricanes. And I'd like to
comply, but right now with the economy the way it is, it's hard to take
and pay the labor to lower a sign or what the county needs. If it's a --
the only --
MR. MUDD: Sir, is this your sign that I just put on the -- is it
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January 27,2009
Taps?
MR. PATTERSON: Yes, it is. That's our sign. And we're about
-- not sure exactly how far off the main road, but we're back behind an
existing business that's down Fifth Avenue.
But as you can see, the sign was permitted. We got the certificate
of occupancy in 1998. And 10 years later the county comes by, the
code enforcement, and says that I do not have a permit for this sign.
And I do have a permit number here, if you guys could check
back into that. And there is some signs on the building that we did put
up that were not permitted. I'll admit to that. It was like, no entry, or
you have to be with an authorized personnel of Taps Automotive to
enter the shop. I did put up a couple signs like that, and I would pay
for the permitting on that.
But to take care of this sign or cut it down or lower it when it was
approved and we got the Certificate of Occupancy, it would really be
a devastating cost right now. And that sign is our advertisement that
people can read from Highway 29.
CHAIRMAN FIALA: Do you own this business?
MR. PATTERSON: I own this business, yes, ma'am.
CHAIRMAN FIALA: Thank you.
Commissioner Coletta has a question.
COMMISSIONER COLETTA: Yeah. The -- they duly
permitted it and everything, and at this point in time they're coming
back and telling you there is no permit; is that what they're saying?
MR. PATTERSON : Yes, sir. That's what code enforcement is
telling me, that there's no permit for this sign, and I tried --
COMMISSIONER COLETTA: Well, this should be one of the
easier ones to resolve because you do have a permit. And if you
haven't showed it to them yet, please show it to them.
What we're looking to do is cover situations that aren't covered.
Sounds like you already got it pretty well covered.
I'm not too sure how it works as far as longevity of these signs
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January 27, 2009
due to changes in ordinance and stuff. I know that they usually come
up with a schedule that goes a number of years off into the future,
depending on the size of the sign or the cost of the sign, that they
allow for it.
Eventually at some point in time -- and when that point in time
comes is one of those things that we're going to discuss at great
lengths, I'm sure. All signs in Immokalee will have to comply with
the new codes and ordinances that are brought together by the
Immokalee Master Plan Overlay and through the LDC process.
But in the meantime, you have a unique situation that's quite
different than everyone else. And I would hope that staff will take this
into special consideration as we go through with the rest of these
discussions.
MR. PATTERSON: Okay.
CHAIRMAN FIALA: Diane, could you -- could you work with
him?
MS. FLAGG: Yes.
CHAIRMAN FIALA: Okay. Very good, thank you. You can
meet with them out in the hall when this subject is finished, if you
don't mind.
MR. PATTERSON: Okay.
CHAIRMAN FIALA: Very good, thank you, sir.
MR. PATTERSON: Thank you.
CHAIRMAN FIALA: Next speaker?
MS. FILSON: Next speaker is Penny Phillippi. She'll be
followed by Fred Thomas.
MS. PHILLIPPI: Good morning. For the record, my name is
Penny Phillippi. I'm the director of the Immokalee CRA, and I'm just,
again, here to provide a little historical perspective on the entire
situation.
I appreciate Commissioner Henning's comments, because they
were exactly in sync with the advisory board's comments.
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January 27,2009
In November Diane Flagg came to talk to the advisory board and
the IMPVC, and the room was literally packed with people. And what
she conveyed to the folks out there was that it was a new kind of
administration and they were going to spend a lot of time educating
people in the community as opposed to writing a lot of notifications of
noncompliance.
And then in December, the sign bomb hit Immokalee literally,
and our red flag program was kept very busy with a lot of phone calls
and trying to figure out what in the world has happened out here.
And I do want to say that we are housed with the enforcement
officers in Immokalee, and the majority of these folks do stop and sit
down and talk to people and tell them what happened and what's
wrong and how to fix it. It just seems that this particular sign officer
would take a picture and drive away, go back to the office, and write a
notification to these folks, and I think that was the single biggest
complaint because they literally had no clue what happened until the
thing hit the mailbox, so that was a big issue.
So November we found out this, December the bomb hit. And
then the advisory board in December, by majority vote, had made a
motion to request that the county not cite our sign violations unless
they were health and safety issues, to be determined by Kitchell Snow,
who is the supervisor of the code enforcement officers in Immokalee,
until such time as you said, Commissioner Henning, until the LDC
interim amendment is completed. I'm sorry I'm going over my time
just a bit.
MS. FILSON: No, that was your one-minute warning.
MS. PHILLIPPI: Oh, okay. Thank you.
So I can tell you that our interim LDC amendment that would
provide for some deviations has been completed. It has one more
review. It's just been reviewed a second time by Mark Strain, and I'm
told by Bob Mulhere that we're ready to bring that forward. It will
come forward this year in the next cycle.
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January 27,2009
So if I had a request at all, my request would be the same as the
commissioners and the CRA advisory board, that we consider putting
things on hold unless it's a health and safety issue until such time as
we can get our interim LDC amendment approved and in place.
Thank you.
MS. FILSON: The next speaker is Fred Thomas. He'll be
followed by Daniel Gonzalez.
MR. THOMAS: As chair of your CRA and your Master Plan
and Visioning Committee, I want to thank you, Commissioner
Henning, and thank Joe Schmitt for what you all were recommending
today, because that's exactly what we need to have happen until we
can get things in place.
The only other thing we would want from you is to help us
expedite the approval of our master plan and our new Land
Development Code so that we can better serve the community of
Immokalee. Thank you.
MS. FILSON: Daniel Gonzalez. She'll be followed by Sandra
Gonzalez -- or he will be followed by Sandra.
MS. GONZALEZ: Well, can we both come up together?
CHAIRMAN FIALA: Sure.
MS. GONZALEZ: Okay. My name is Sandra Gonzalez. We
have a restaurant in Immokalee, and we've been -- we've been there
for quite a while. Now, we -- I have a few pictures of the sign that we
did have.
CHAIRMAN FIALA: What's the name of the restaurant?
MS. GONZALEZ: Lozano's Restaurant. I got a few pictures
here of the sign that we had.
Now, we were told -- I understand that this sign is a little over,
you know, the height requirement that we needed. Why were we told
that we had to take the whole framing off instead of just having it
lowered to code so we could not be in violation? That's my question.
CHAIRMAN FIALA: Maybe one of our enforcement people
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January 27, 2009
could answer that question.
MS. FLAGG: I'm sorry. What was the question?
MS. GONZALEZ: Our -- the sign that we have, we were told
that we had to take the whole complete sign off instead of just having
to lower it to where we could be in compliance.
MS. FLAGG: Okay. Christina.
MS. GONZALEZ: And that sign's been there for over 50 years.
COMMISSIONER HENNING: Doesn't meet the square foot.
MS. PEREZ: The sign has been there for how long? I'm sorry.
MS. GONZALEZ: It's been there for over 50 years.
MS. PEREZ: For the record, I'm sorry, Christina Perez, Collier
County Code Enforcement supervisor.
I imagine that because of the Land Development Code rules and
regulations, that that is why the sign isn't in compliance with LDC as
of today, and that's why the sign was asked to be removed or -- it
should have been removed or replaced, you know, as the LDC deems
applicable.
MS. GONZALEZ: So we couldn't just lower it down to where it
was going to be in compliance with the height requirement?
MS. PEREZ: We would have to look at the sign and refer it back
to the LDC so that we could try to see what the -- but I would be glad
to --
MS. GONZALEZ: Well, the sign's already been taken off. I
mean -- I mean, that was our advertisement for our business.
Why did the code enforcement not explain to us, I mean, why we
had to put the whole sign off? We had to pay a fine, we had to come to
court for all this.
CHAIRMAN FIALA: I'm sorry to interrupt you, but I think this
is a good conversation for after this meeting. Maybe you can go into
the hall and discuss that, because we're talking about the whole effect.
And I'm sure that they would be -- as soon as we're finished with this
subject.
Page 45
January 27, 2009
COMMISSIONER COLETTA: Commissioner Fiala, one of the
things I think is very important is that we had some people that acted
before we had a chance to act on this that have done something that
has done great harm to their business immediately. In other words, in
their effort to try to comply as soon as possible, they went and they
more or less cut off their head to be able to continue. In this case here
it's a sign that they lost that's a landmark for their business that brings
people there.
So when we go through our deliberations today and we decide to
go forward, this is the perfect example of what I'd like to see able to
continue. In other words, restore the sign to the present condition that
it was before they removed it with all safety features in place to be
able to go for that period of time until we deem that, you know, the
new master plan will kick in with the overlay that will affect new
signs and they'd have to come forward and address it at that time.
But just because somebody complied, we can't say, okay, the
people that didn't comply get special treatment. There's going to be
some situations out there. And I mean, it's not a simple inexpensive
measure to be able to put up a sign. It's a very, very expensive thing
to do.
So we have to be realistic in our approach on this to be able to be
fair to everyone, especially those people that were trying to comply in
the beginning and didn't want to be put down on the books as violators
of our laws and codes.
CHAIRMAN FIALA: She was asking some questions about
signs and so forth that maybe she can talk to them outside about.
COMMISSIONER COLETTA: That's fine, but meanwhile
we've got the problem of where do they go now.
CHAIRMAN FIALA: Well, discuss that in our deliberations.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: And let me say, I understand, because we
went through the same thing in East Naples and all the way down the
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January 27,2009
line. So, you know, I'm real familiar with that.
Thank you very much. And our people will talk to you and
maybe give you a little bit of guidance in the hallway. Thank you.
MS. PEREZ: Yeah. I do ask that the business owners do wait in
the hallway after so I can talk to them.
CHAIRMAN FIALA: Great.
MS. GONZALEZ: All right, thank you.
CHAIRMAN FIALA: Thank you.
MS. FILSON: The final speaker is Luis Trejo.
MR. TREJO: Good morning. My name is Luis, and I'm a
business owner also in Immokalee. And I do understand that I think
my signs -- I did put up my signs, I would say, probably without
permitting, not knowing that I had to get a permit.
But I bought a business, an already existing business, and they
had a hand-written or wooden sign out there in the Main Street, and I
thought it would be nice for me to put up -- only thing I did was just
remove the wooden sign and put a lighted sign on there, a 3D sign to
make it look nice on the Main Street, and now we got all this going
on. I think most of the people that had already spoke kind of answered
my questions.
But I had a deadline on the 25th of this month to, you know,
move on permitting my signs, but unfortunately the person that was
going to do it was in an accident and now I don't know what to do.
Because I'm here, I still have no permits, and you all stepping on my
toes. And I need to know what I need to do. That's my question.
CHAIRMAN FIALA: Did you hear that question?
MR. TREJO: Tom from Sign Guy is supposed to be doing my
SIgns.
CHAIRMAN FIALA: Okay. We're going to be figuring that out
right now, but then we have our code enforcement people that you can
also talk to for personalized questions afterwards.
And let me just say for all of those people in Immokalee. We
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January 27,2009
had the same thing happen to us in East Naples, and we -- and people
had big signs and little signs and some permitted, some not. And they
were very upset when all this sign regulation came into effect.
And, oh my goodness, there was all kinds of uprising. What
happened was, when they complied, it changed the appearance of the
community, and all of a sudden it began to look better.
And interestingly enough, the businesses who had signs that
looked better also attracted more business because now it made them
-- it didn't make them look like -- well, it made them look like classy
businesses. So it's amazing what signs can do to the appearance of a
community. I'll just throw that in.
Commissioners Coletta, and then Commissioner Coyle.
COMMISSIONER COLETTA: Was that the last speaker?
CHAIRMAN FIALA: Yes, it was.
COMMISSIONER COLETTA: Yeah. And your observations
are correct, but we're at a different location in a different time.
Different time is the fact that if this was East Naples at this time going
through it, I'm sure that they would feel all the pain that everyone else
is feeling in Collier County and throughout the State of Florida and
the United States of America with the downturn in the economy.
I understand that some 17 percent of all commercial property will
be emptied by the time that summer rolls around. Times are
desperate. People are just holding on by the edge of their fingertips.
And they need -- they need a little consideration because of that
particular situation with the economy.
To force the situation across the board with many of these small
businesses, and if you looked at the handout that we got earlier, it was
showing the different sign violations, which none of them seem to be
that grievous as far as I'm concerned, it -- they're very small
operations. Mom and Pop stores that are very difficultly trying to
come up with enough money to cover the rent, the electricity, and the
insurance, much less their taxes.
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January 27, 2009
So because of that, that's the one situation. The other thing is, too,
unlike East Naples, Immokalee, the average wages are about one-third
what they are for the rest of Collier County. It's a totally different
environment. Hopefully as time goes forward those demographics
will change considerably. But meanwhile we have to deal with the
realities of the day.
And because of that, what I would like to see is that we take a
couple things in consideration. One, the fact that these signs have
received -- as far as I know -- and I'm sure we can hear from code
enforcement -- have you ever received any complaints or any number
of complaints in the Immokalee area from residents regarding the
business signs that exist there?
MS. FLAGG: My understanding is the investigator did go out as
a result of a complaint.
COMMISSIONER COLETTA: A complaint?
MS. FLAGG: Uh-huh.
COMMISSIONER COLETTA: And the "a complaint" was
probably one of the first ones in a long time. Because I know we've
done sweeps throughout the rest of Collier County, and we finally get
to Immokalee about five years later because of one complaint. And it
was probably a businessman that wanted to do in his competitor for
his own betterment by making him comply with the sign ordinance.
But what I'm saying is, the people of Immokalee are fine the way
it is now. Sure, eventually they'd like to see everything improved. But
you're not having any large amount of citizens turning up in a protest
over the deplorable conditions of signs in Immokalee, are you?
Is there any organized uprising among the natives there in
Immokalee?
MS. FLAGG: Let me back up. It's Diane Flagg, director of code
enforcement, for the record.
What -- again, this is a policy decision. Code enforcement's job is
to apply the codes.
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January 27, 2009
COMMISSIONER COLETTA: Exactly.
MS. FLAGG: And so when the complaint came in, the
investigator, the assigned investigator, went out to Immokalee. And
because it was a situation of, why do I have to comply and they don't
have to comply, that was the complaint.
COMMISSIONER COLETTA: Right.
MS. FLAGG: And so the investigator consistently applied the
same codes, that is, the current codes for the county, to the signs in
Immokalee.
COMMISSIONER COLETTA: And I understand fully what
you're doing, and that code enforcement officer is doing their job, and
if they did any less, I'm sure they'd be reprimanded. You'd have to.
But the point I'm trying to make is, the citizenry of Immokalee is
fine with the situation at hand. It's not a case of they're finding the
conditions to be unlivable, deplorable, objectionable. They're not.
They're finding this to be a status quo they can live with for the
moment.
So what I'm suggesting is that we put a reasonable time period to
allow for the new Immokalee Master Plan Overlay to kick in with
their particular phases of the sign ordinance as to what it is, and most
likely it will not meet coastal standards, which is just fine as far as I'm
concerned, and at that point in time everybody will be put on notice
that they'll have to comply within a reasonable period of time.
And meanwhile, I would also further suggest that we go back
with all the pictures that we have of people that didn't comply -- and
some of these people have taken down the signs that were on their
building. They no longer have any way of identifying their business
because of their rush to be able to comply with coastal Collier County
ordinances. They removed the sign, they removed a good part of their
business potential to be able to be identified, that recognizing from
these pictures and everything, we allow them to reinstall those signs in
a safe and efficient manner for that same period of time and they don't
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January 27, 2009
-- we don't penalize them just for the fact that they tried to get in front
of the code enforcement officer as far as not violating the law any
longer than they had to.
That's my suggestion to this commission, and I hope this
commission exercises a certain amount of understanding for the
situation that exists.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I don't see any way to be
fair here. The people who've come into compliance have done so at
probably a considerable expense. Those people who haven't come
into compliance, some of them don't have a sign permit at all. That's
clearly not acceptable.
But if they get a sign permit for the sign they have now, when the
new overlay comes in, they're probably going to change it, so it's
going to cost them more money.
So I can't find a really fair way to deal with this issue, except to
delay until we get the new overlay.
My question though is, how long is it really going to take to get
that done? I'm not interested in having this drag out for a year or two
years. The point that Commissioner Fiala made is, whether people are
upset about it, about the signs is, in most cases, irrelevant. A good
sign ordinance improves the community, and that's what you want to
do.
It's not a matter of being upset about it right now. Not many
people in East Naples were upset about it when we decided we would
have a sign ordinance that applied to them.
But when are we going to have this overlay?
MR. SCHMITT: I'll turn to Bob on that.
MR. MULHERE: For the record, Bob Mulhere with RW A on
behalf of the CRA.
When last I was before you, you gave -- the board gave authority
for me to prepare, on behalf of the CRA, an interim set of Land
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January 27, 2009
Development Code amendments that would deal with a number of
issues, one of which was signage.
And I have prepared -- as I think Penny alluded to, I've prepared
a final draft of that. I'll be submitting it to staff within the next 30
days.
My understanding from staff is that they are going to have an '09
LDC amendment cycle, and this set of interim amendments would be
included in that '09 cycle. So the timing, once I submit it, is really a
function of the staff review.
We're not in a position yet to write a sign ordinance for
Immokalee. That's why we asked to do the interim amendments so we
could get the GMP amendments and the public realm plan, which
we're doing, for the CRA, and then to write a sign plan for Immokalee,
which may be, in some cases, different than the coastal sign
ordinance, but we're not there yet; therefore, the interim standards.
The way I've written that, it's got some criteria by which you
could request a deviation, but it would be case by case and have to
come in for an approval. And I didn't write it so that they would all
come before the Board of County Commissioners. There is a certain
amount of administrative authority, and then before the Planning
Commission, and only in an appeal case would they come before the
Board of County Commissioners. Very similar to the post take plan
that we wrote that you all approved. So a very similar process.
So that was an interim step to allow someone to ask for a
deviation. Let's say they get -- they get cited by code enforcement and
they feel that the sign doesn't present a health -- public health, safety,
and welfare issue and that it's been there for, you know, a long time.
They could ask for a deviation. That deviation would be granted on a
temporary basis or a permanent basis.
So I think we're probably a year away from that '09 LDC
amendment cycle being finalized, unless staff can expedite that or this
component of that.
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January 27, 2009
COMMISSIONER COYLE: Well, I guess my response to that
is, I am not at all interested in waiving the responsibility for people to
get sign permits for a year. If a person has a sign and it's not
permitted, they're in violation of the law. It is entirely different from
people who have a sign that has been there for a long time and/or a
sign that is permitted but not -- might not meet the current or new
specifications. I can live with that.
I can't live with someone who just violates the law, puts up signs,
and doesn't even bother to apply for a permit.
So I guess I would divide this into two levels. Those people who
have sign permits -- we can use the interim standards to make
decisions concerning those. Is that what you're telling me?
MR. MULHERE: Correct. I think those interim standards will
allow for a deviation process if it's necessary.
COMMISSIONER COYLE: And that can be done by staff?
MR. MULHERE: Correct.
COMMISSIONER COYLE: Okay.
MR. MULHERE: At certain thresholds. It's kicked up to the
Planning Commission if they -- the deviation exceeds certain
thresholds. But, again, you're going to see that coming before you as a
land code amendment.
COMMISSIONER COYLE: And when are we going to see
that?
MR. MUDD: In the fall, sir.
MR. SCHMITT: In the fall.
COMMISSIONER COYLE: So it's going to be some time?
MR. SCHMITT: Yes, sir. You already approved that cycle in an
executive summary back in November. There -- we're still waiting for
input. The input date closes -- Bob, I believe we announced the first of
March you have to have that in.
MR. MUDD: Correct, correct.
MR. SCHMITT: There are other amendments coming in. And
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January 27, 2009
then we start the review process going through the various
committees, through the Planning Commission. You'll see it in the
fall, late fall.
MR. MULHERE: I just wanted to -- I'm sorry. I just wanted to
add one quick thing. I think it's germane to what you're talking about
in terms of separating these things. There's this sort of -- not to
confuse things further, but there's the example of a sign that's been up
for 50 years -- and in some cases, to be honest, my experience in
researching through county records is, you know, who knows whether
there was a permit. It's not a question that there isn't a permit. There's
just -- there are no records.
So I do agree with you that more recent -- more recent signs that
might have been put up without a permit, it's a -- you know, it's clear
that you should have a permit for that. But something that's existed
for a long, long time, maybe that could go through the deviation
process because I can tell you that there aren't any records from 30,
40, 50 years ago. They just don't exist. You have to assume that they
were permitted, I think, in those cases.
COMMISSIONER COYLE: Yeah. I think it's a shame that that
restaurant had to take their sign down in that case. But, look, let me
just throw out some things, and then I'm going to leave the final
decision -- or the motion up to the commissioner in whose district this
-- Immokalee lies.
But here's what I would be willing to support, is to issue
instructions to code enforcement to explain to anyone who receives a
citation for an improper sign, explain to them what their rights are, do
not require that they remove it immediately, let them understand the
appeal process, then, perhaps, we can deal with the things like the
restaurant and their sign that's been there for 50 years.
But for people who have completely disregarded our laws and
put up signs without bothering to even apply for a sign permit, those
people, in my opinion, should be cited and they should apply for the
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January 27,2009
sign permit, and they should put up a sign that is in accordance with
our existing sign requirements if that's what they want to do.
If the time comes when there is a new sign ordinance for
Immokalee and they wish to change the sign and they have to get
another sign permit, in my opinion that's only fair. They failed to
apply for it the first time. If they have to reapply later at a second
time, then that's the penalty for violating the law.
But for people who already have signs, I don't see the logic in
causing them additional costs in a period of economic depression such
as we have now.
So if that makes sense -- and i[I didn't explain it clearly, please
let me know. But I just think we need to divide it into those two
categories. If you're in violation of the law and you haven't bothered
to get a sign permit, then you treat it one way. That's a violation. If
you've got a sign that's been there for some time and we can't prove
that it wasn't permitted, then let's assume it was permitted and let the
person keep it.
CHAIRMAN FIALA: Thank you, Commissioner Coyle.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I need clarification in regards
to our sign ordinance.
My understanding, that this came into effect on February 1,2003.
Was the -- is that correct? Is that the date that it came into --
MR. SCHMITT: No, sir. It actually came into effect in 2001.
It's the Citizens Horizon Committee. It was 2001. There was an
amortization period, a period that extended based on the cost of the
sign where they had to come into compliance over a period of years.
COMMISSIONER HALAS: What was -- what was the February
1, 2003, date then?
MR. SCHMITT: Those were -- as explained there, those signs
that did not conform to the requirements of the '91 code were able to
be maintained until 2003.
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January 27,2009
COMMISSIONER HALAS: Okay.
MR. SCHMITT: After 2003, they had to come into compliance.
Any sign that was permitted after that period, there was an
amortization period that allowed them to write down the cost of that
sign or to utilize that sign.
If you recall, probably one of the emotional issues was right here
on 41, the Italian restaurant that had the towering sign that finally had
to come into compliance.
CHAIRMAN FIALA: Globally.
MR. SCHMITT: And that was an extremely emotional event.
Likewise, we had a court case up on 41 with a gas station that finally
came into compliance.
COMMISSIONER HALAS: So my other question is, this sign
ordinance, was the sign ordinance just directed specifically for the
coastal area --
MR. SCHMITT: No, sir.
COMMISSIONER HALAS: -- or was it this countywide sign
ordinance?
MR. SCHMITT: Countywide. There was -- it basically
addressed size of copy and height.
COMMISSIONER HALAS: Okay. So why hasn't there been
any follow-up on the sign ordinance until just now?
MR. SCHMITT: Commissioner, there have been in the past in
Immokalee, notices. Many of these signs, as you can tell by looking
at them, are homemade signs. One of the problems we have as well is
-- and I'll pursue it through contractor licensing so contractors -- sign
contractors who put up signs without a permit.
COMMISSIONER HALAS: So we've had this ordinance for a
number of years --
MR. SCHMITT: Almost ten years.
COMMISSIONER HALAS: -- and we've had this when times
were good, and we still had people that were out of compliance. And
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January 27, 2009
so now we've brought this before the Board of County
Commissioners, and now everybody's saying, I can't afford it and I
don't need to comply with the sign ordinance.
And I have some concerns about that because if -- I think
everybody realized or should have realized that we did have a sign
ordinance that came in effect. And you just stated that it wasn't just
strictly for the coastal area. It was the countywide area.
And, of course, as Commissioner Fiala brought up, that there was
some issues throughout the area, and there was some concerns about
having to replace signs. And now we're in a situation where when you
did replace the signs, it actually benefited the whole community
overall.
I have some real concerns about how come this has just come
before us in the Board of Commissioners when this should have been
acted on for a number of years since the sign ordinance has been in
effect.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, I hope that -- I hope that
we can give some kind of temporary relief to those existing signs up
there, being that we are in an economic hard time, and wait for the
Immokalee community to come forward with a sign code for the
Immokalee urban area or, you know, a specific corridor. Basically, if
it -- ifit meets health, safety, and welfare, why don't we?
CHAIRMAN FIALA: How about permits?
COMMISSIONER HENNING: Well, I understand
Commissioner Coyle's concerns, but here's the fact. If they -- if they
don't have a permit, I guess it would have to be proven that they didn't
apply for a permit. And the second thing, even if they didn't have a
permit and they get a permit, it has to come into the new sign code. If
it has to come into the new coastal -- or what we comply with
throughout Collier County, they'll probably want to change it later on
for a less restricter (sic) sign code for the Immokalee area.
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January 27,2009
And I think what we really need to do is task the task force to
come through with a sign code amendment for the board to consider
and the advisory boards to consider.
If the economic times were different, I could understand doing
something what -- along the lines of what Commissioner Coyle is
saying. It's tough out there. We're lucky that there are still some
businesses left out there. If you drive up and down any area in
Southwest Florida, there's a lot of vacancies. And let's give some
specific task to the task force and let's give some interim relief.
So I -- there's just one thing that I have concerns about. If people
has tried to come into compliance and to let them put back what they
had prior is -- it's probably not something I can support. But if it -- a
sign exists now, let's give some interim relief for those people who are
not in compliance with the coastal sign code. I shouldn't say the
coastal sign code because it is the sign code. That's all.
CHAIRMAN FIALA: County sign code.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
And thank you, Commissioner Henning, for pointing out the
different parts of this. And I think you and I are about -- saying about
the same thing.
The only thing, my concern was, getting to that part that you
mentioned at the end about possibly not being able to support people
that have taken down their signs in the rush to try to remove any kind
of code issue, these are the people that should have been -- that should
be rewarded for their concern over trying to live within the code. They
probably can't afford to put up another sign now.
If -- recognizing what signs are in these pictures -- and I guess
this is the vast majority of them, I would assume.
MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: And some of these have been
taken down, correct? Or are these the ones that are still up?
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January 27, 2009
MR. SCHMITT: Pictures you have here are the ones that are
either, there are some examples of where they're in compliance and
the others are where they're -- it says on the bottom whether they're in
compliance or out of compliance. But most of these are the -- these
are part of the 34 that you have.
COMMISSIONER COLETTA: Okay. But there is -- in here
isn't the ones that have been taken down?
MR. SCHMITT: No, sir. Those -- we didn't provide those.
COMMISSIONER COLETTA: Most of those that were taken
down, were they just --
MR. SCHMITT: They were either wall signs, signs in windows,
other type of infractions that were what I would call hastily-put-up
signs. Those -- some of those that we did the research on -- oftentimes
what happens is a sign company never calls for a final CO, so we took
care of that and closed out those records.
So most of the ones where they came into compliance was
merely either removing the infraction, meaning unauthorized banner
or wall sign, or doing the research to ensure that the permit was issued
properly.
COMMISSIONER COLETTA: Commissioner Coyle was
absolutely correct, there's no way you can come up with fairness in
this. No matter what you do, there's going to be somebody that comes
up short. In order for this to go forward, I have three commissioners
that are going to vote for this.
Now, there's a couple things I think this Board of Commissioners
needs to recognize, the fact that they have played a tremendous role in
the uplifting of Immokalee over the past eight years, unbelievable
differences taking place. Substandard housing for the most part has
been removed from Immokalee, compliance of the living conditions
for the residents that live there full time and the migrants has
improved ten-fold from what it was in the past.
Through a system of controls, there's been a tremendous amount
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January 27, 2009
of improvement. And of course, the big thing has been the citizenry
of Immokalee themselves that have been driving this engine.
So it's not a case that we've been ignoring Immokalee and that
they're not coming forward. They are.
I think the whole issue lies around the fact of, we have a pending
change to the sign ordinance that hasn't been clearly defined yet, and
we should be concentrating with that as the issue and trying to work
around an interim program that Bob Mulhere mentioned that would
allow for the transition from one point to the other. That time period
is elusive.
Originally I was going to suggest two years to try to cover what's
out there. That might not be realistic. It might be way too much time.
I heard one suggestion of a year. That might be too short. I don't
know. This is something that I would like to see staff explore and
work it out with the CRA, Bob Mulhere, their consultant, to be able to
see how this whole thing could come together in a meaningful way so
the transition takes place in a meaningful way.
I hate to see the people in Immokalee put up signs -- and forgive
me, it is a coastal standard. I never voted for this sign ordinance from
day one, and I represent 80-some percent of the land mass of the
county. The people in my area never supported it, and so it is a
coastal sign ordinance.
So let's give them the chance to be able to come up with their
own definition of signs and be able to identify the communities they
like.
And a couple of things I would like to put forward as part of a
motion. One, that all new signs have to comply. That anyone that's
coming into business now or has no sign up has to comply by the
present sign ordinances. They can't put up a temporary sign because
then it raises all sorts of problems what that sign's supposed to be.
Two, that any and all signs that are a danger to the health, safety,
and welfare, and that includes how they're placed on the road, the
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January 27, 2009
vision that you can see when you're turning the corner, have to be
removed, and the property owner will have to comply to regulations
that are in effect at this particular time, because the interim ones are
too far away.
I can't -- and, of course, they could not put up any sign at all --
that would be an option, which I can't picture them doing -- and that
we work with the CRA and Bob Mulhere, the consultant, to be able to
come up with some interim plans for the rules and everything and
recognize them as -- with the direction we're going for these particular
sign codes to be able to move everything forward and have staff and
the CRA come up with a -- the shortest possible time period that we
can do.
In other words, we don't want to prolong this forever. We have
to come up with something that's going to be uniform from one end of
Immokalee to the other. That would be a motion and I --
COMMISSIONER HENNING: And I'll second that.
COMMISSIONER COLETTA: Okay. Thank you.
COMMISSIONER HENNING: I mean, it sounds great to me.
CHAIRMAN FIALA: Okay. Any discussion from other
commissioners?
(No response.)
CHAIRMAN FIALA: We have a motion on the floor from
Commissioner Coletta. You've written that out so that you can give it
to our County Manager, right?
COMMISSIONER COLETTA: Right. When--
CHAIRMAN FIALA: Okay. And a second by Commissioner
Henning.
No further discussion, all those in favor, signify by saying aye.
Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
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January 27,2009
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: I have a 3-2 vote on that.
MR. MUDD: Commissioner, just while we're working this thing
out with --
CHAIRMAN FIALA: Yes, we're going to take a -- oh.
MR. MUDD: Let's just get some clarification before we -- and I
know you got to go for a break. I'm sorry.
I just want to make sure. I've got new signs; they abide by the
ordinance. We've got health, safety, and welfare signs that put the
public at risk, we tear -- we enforce the code for signs.
Number three, we work with Mr. Mulhere and the CRA to
determine some interim guidance. But while that's going on, I need
you to tell me as a board that you want us to toll any other violations
of signs until the Mulhere/CRA issue comes back to the board for
approval. That's the piece that I'm missing.
COMMISSIONER COLETTA: Okay.
MR. MUDD: Toll means not enforce.
COMMISSIONER HENNING: The existing signs.
COMMISSIONER COLETTA: Right.
MR. MUDD: Yes.
COMMISSIONER HENNING: Yes. That's what I understood it
was all about.
MR. MUDD: I just wanted to take the --
CHAIRMAN FIALA: Just put that on -- put any further --
MR. MUDD: No, I think I've got it, okay. I just wanted to make
sure we were clear with that particular piece, all right, so that --
CHAIRMAN FIALA: Okay. Two comments, though.
Commissioner Coyle, and then Commissioner Fiala.
COMMISSIONER COYLE: And what that really means is that
people who don't have a sign permit at all will continue to get away
with violating the law.
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January 27, 2009
MR. MUDD: Yes, sir.
COMMISSIONER COYLE: Okay. Just wanted to make sure
that was clear.
MR. MUDD: That's what -- I'm trying to get some clarification.
CHAIRMAN FIALA: I don't agree with that at all. I think that
those that don't have a sign permit should. And, you know, another
thing, the Immokalee area is trying desperately hard to pull itself up
by the bootstraps and attract business, and they say high-wage jobs.
They're trying to attract these things.
Unless you improve your appearance, you're not going to do that.
And as long as you're complacent and want to leave it as is, you're not
going to attract those businesses. And I -- I hope you're keeping that
in mind.
COMMISSIONER COYLE: Would you want to make a motion
to reconsider?
CHAIRMAN FIALA: You mean to add -- yes. I will make a
motion to reconsider our last vote.
COMMISSIONER COYLE: Last vote.
CHAIRMAN FIALA: Okay. And do I have a second?
COMMISSIONER COYLE: You do.
CHAIRMAN FIALA: Okay. I have a second on that. Motion to
reconsider the last vote.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER COLETTA: No. I'm opposed.
COMMISSIONER HENNING: Well, I -- just a procedure
question. How can we reconsider something when not all voted in the
majority?
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January 27, 2009
CHAIRMAN FIALA: Oh, that's true. I don't know that.
COMMISSIONER COYLE: A person voting in favor of the
motion can ask for a reconsideration.
MR. KLATZKOW: You're good.
CHAIRMAN FIALA: And that was me.
MR. KLATZKOW: Yes, you're good.
CHAIRMAN FIALA: And all I'm concerned with is the
permitting part of that. The rest of it I agreed with, but --
COMMISSIONER HENNING: Wait a minute. I'm still-- you
had a second that wasn't part of the majority.
MR. KLATZKOW: I think -- no. The motion has to be made by
somebody in the majority, but the second can be made by anybody.
COMMISSIONER HENNING: Okay. I stand corrected.
COMMISSIONER COLETTA: Commissioner Fiala, if I may?
CHAIRMAN FIALA: Yes.
COMMISSIONER COLETTA: And I understand what you're
saying. The only thing is, is we're the rule makers here, and we've got
a right to be able to extend people out. We've done it all the time with
people that come before us, ask for extra time being granted. We have
made these exceptions on a regular basis based upon the facts in front
of us.
If we go back and we say now that, yes, 100 percent, everything's
going to go forward but everybody has to comply if they don't have a
permit, we're effectively nullifying anything these people have asked
for. I can't picture any advantage for the rest of it to take place. Why
would we even need an interim sign thing if we're going to say, okay,
if don't have a permit you're no longer eligible?
And Bob Mulhere can put it in much more elegant words than I
ever could.
MR. MULHERE: I just wanted to say one thing with respect to
not having a permit. I think what we're talking about here is existing
signs -- I think Commissioner Coyle mentioned it -- existing signs
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January 27,2009
where there's no evidence that there was a permit, that those would be
held in abeyance unless there's a health, safety, and welfare issue, that
there wouldn't be an enforcement taken.
CHAIRMAN FIALA: Right.
MR. MULHERE: I don't think anyone has suggested that a
brand new sign with no permits shouldn't be permitted. It should be.
And --
COMMISSIONER HENNING: We're saying the same thing.
MR. MULHERE: And either -- people have a choice. Either
they wait; I think you said it, Commissioner Coletta -- either they
don't put up a sign or they permit a new sign.
So I don't think anybody is suggesting from my perspective what
I heard from the CRA, that there would be no action taken on signs
that should be permitted that haven't been permitted with the
exception of those signs that exist where there really is an argument as
to whether or not there was a permit, and that was the one exclusion, I
thought; and then everything else, I think, that you mentioned was
appropriate, that there be no further code enforcement action taken on
existing signs unless there's a health, safety, welfare issue, until we
come back with the interim amendments, which would be within a
year.
CHAIRMAN FIALA: Right. That's the way I -- okay.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. And that was very
specifically stated when I suggested it. If we can't prove that a sign
wasn't permitted, then you assume it was permitted, okay. The burden
of proof is on us if there is a question, so that the sign that was there
for this restaurant for 50 years would have been permitted to stay there
until we sorted all this out under this -- my particular proposal.
The requirement to bring people into compliance with our current
sign (sic) would be abated.
CHAIRMAN FIALA: Right.
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January 27, 2009
COMMISSIONER COYLE: And that gives the people
everything they've been asking for. And Mr. Thomas agrees with that.
So I don't understand why there's such disagreement about doing
this.
COMMISSIONER COLETTA: Yes.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. And help me a little bit.
So what you're saying is that businesses that haven't been in business
for like 30 years and they have a sign there and they can't find a
permit, then those people will be considered in violation?
COMMISSIONER COYLE: No.
MR. MULHERE: No.
COMMISSIONER COYLE: No, no, no. If the county cannot
prove that it was not permitted, then they get to keep what they've got.
COMMISSIONER COLETTA: Okay. Let's go fast forward in
time. The county's been doing an excellent job of recordkeeping for
the last five years. Probably the vast majority of businesses in
Immokalee are five years old or younger. It's just the nature of things,
how things turn over.
So everything that's at a certain point like five or seven years out
that they can't find a record that there's a permit, the assumption will
be that there was never applied for a permit; is that what you're
saying?
COMMISSIONER COYLE: That is correct. And the people
would be expected to apply for the permit for the sign that they have.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: We're basically saying the same
thing --
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: -- except for, you know, if you
have a sign that is clearly a safety issue, a health issue, then you're
going to leave it up because staff cannot prove that they did not have a
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January 27, 2009
permit.
CHAIRMAN FIALA: No. I think in the motion it was already
said -- stated that this is just in addition to, but --
COMMISSIONER HENNING: Whose motion?
CHAIRMAN FIALA: In Commissioner Coletta's motion.
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: And we're going to reconsider that. But
what our -- what I assume our motion will be is just to add to what
Commissioner Coletta already said or to readjust it so as to make sure
that -- about the permitting aspects of this, is the way I'm -- you know,
the way I'm going forward to reconsider.
COMMISSIONER HENNING: That's fine.
MR. MULHERE: I think the risk of saying that you don't need a
permit until we come back with the interim standards is, anybody who
puts up a sign, they don't need a permit either.
CHAIRMAN FIALA: Right.
COMMISSIONER COYLE: That's right.
CHAIRMAN FIALA: Exactly right.
MR. MULHERE: So you don't want that situation either.
COMMISSIONER COLETTA: I'll tell you what. I'll restate my
motion to include what you suggested in it.
CHAIRMAN FIALA: Well, you can't restate it right now until
we vote on reconsider.
COMMISSIONER COLETTA: I thought we did.
COMMISSIONER COYLE: Yeah, we did.
CHAIRMAN FIALA: Did we vote on reconsider?
MR. MUDD: Yes, ma'am, you did. It was 3-2.
CHAIRMAN FIALA: Oh, boy. We need a break.
COMMISSIONER COLETTA: And now I'll include what you
suggested in it.
CHAIRMAN FIALA: Okay. So his motion is restated with the
addition.
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January 27,2009
MR. MUDD: Let me see if I can get it right, all right?
CHAIRMAN FIALA: Okay.
MR. MUDD: Here we go. Number one, the -- if you're going to
put up a sign and you're going to put it in right now for your business,
you must go for a permit and you must be in keeping with the sign
ordinance. That's number one.
Number two, if you have a sign, okay, that is not permitted, is
illegal according to our sign ordinance, and is a health, safety, and
welfare item, you've got to get rid of it, you've got to tear it down.
That's number two.
Number three, staff will work with Mr. Mulhere and the CRA
and come back with a new sign law or deviations thereto in the
interim.
And the part that I needed clarification on, and which you gave
me, goes something like this: If you have an old sign and there's no
permit for it, that sign gets to stay until this new sign piece comes in.
If it is -- there is no permit but it's a new business, a new sign, then
they must fix it and come in for a sign permit and put up a sign that is
with -- in keeping with the sign ordinance.
COMMISSIONER COYLE: No, that's not what I said, but you
got it almost right. If anybody put up a sign last week or three years
or four years or five years ago, and they didn't bother to apply for a
sign permit, they're going to have to submit a request for a sign permit.
So did you say that?
MR. MUDD: Yes, sir, I did.
COMMISSIONER COYLE: If that's your understanding, then
. ,
It s --
MR. MUDD: Yes, sir.
COMMISSIONER COYLE: -- okay with me.
CHAIRMAN FIALA: But those existing signs that -- that the
county cannot prove that have a sign permit will be allowed to stay?
COMMISSIONER COYLE: They will allow them to stay.
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January 27,2009
CHAIRMAN FIALA: But if we can --
COMMISSIONER COLETTA: If I can clarify that for you. It
has -- it's based upon the county's records that they keep, and the
records are as complete as ever could be for X number of years.
CHAIRMAN FIALA: Right, exactly right.
So is that stated in this motion then as well?
COMMISSIONER COLETTA: Okay.
CHAIRMAN FIALA: Okay. So your motion then stands as--
COMMISSIONER COLETTA: Previously stated with the
addition.
CHAIRMAN FIALA: -- County Manager -- with the addition as
we just spoke of.
Okay. Then may I have a second on that?
COMMISSIONER HENNING: Yep.
CHAIRMAN FIALA: Okay. I've got a motion on the floor to an
adjusted motion and a second.
MS. FILSON: Who's the second?
CHAIRMAN FIALA: Pardon me? The motion maker was --
COMMISSIONER COYLE: Commissioner Henning.
CHAIRMAN FIALA: -- Commissioner Coletta, and the second
was Commissioner Henning. Thank you.
All those in favor, signify -- oh. Commissioner Halas? Sorry.
COMMISSIONER HALAS: I just want to make sure that I got
clarification. What we're voting on is what the County Manager has
brought forth before us in regards to the motion; is that correct?
CHAIRMAN FIALA: That's correct.
COMMISSIONER COLETTA: Well, actually it's the motion
before plus that added, Commissioner Halas.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: That addition.
COMMISSIONER COYLE: As summarized by the County
Manager.
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January 27,2009
COMMISSIONER HALAS: Yes, as was summarized, okay.
CHAIRMAN FIALA: Okay. All those in favor, signify by
saymg aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Okay, fine. That is 4-1 vote. And I think
we need a break right now. We'll see you here--
MR. THOMAS: Can I just say something? I want to say thank
you very, very much, number one. Number two, you all mentioned it
before. As quickly as we can get our new overlay in depends on how
quickly we can get our master plan through development services. So
any speed that we can have would be appreciated.
CHAIRMAN FIALA: Thank you. We're -- we'll take a break.
We'll be back here at 11:10. Thank you.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, Commissioners, we have a hot mike.
CHAIRMAN FIALA: Thank you very much.
Item #lOD
BRIEFING TO THE BOARD OF COUNTY COMMISSIONERS IN
REGARD TO THE CODE ENFORCEMENT DEPARTMENT'S
PROCESS TO ADDRESS CODE ENFORCEMENT VIOLATIONS
ON LIS PENDENS/FORECLOSED PROPERTIES IN
UNINCORPORATED COLLIER COUNTY - MOTION TO
APPROVE STAFF'S DIRECTION -APPROVED
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January 27,2009
MR. MUDD: Commissioner, that brings us to Item lOD, which
is a briefing to the Board of County Commissioners in regard to the
code enforcement department's process to address code enforcement
violations on lis pendens and foreclosed properties in unincorporated
Collier County.
Ms. Diane Flagg, your director of code enforcement, will present.
CHAIRMAN FIALA: Diane, you've gotten taller.
MR. BONO: Trying to keep you guys off base.
MR. MUDD: State your name for the record.
MS. FLAGG: Sorry, Commissioners. Diane Flagg, director of
code enforcement.
What we're going to do today is give you a brief overview of the
foreclosure program that the code enforcement department has joined
hands with lots of different agencies and community members to
address the potential blight, certainly blight that's impacted other areas
of the community and what we've done in conjunction with the other
team members to address this situation in our area.
And with that, I'd like to introduce you to Mario Bono. He's
going to do the presentation for you, and he's our foreclosure
investigator.
MR. BONO: Good morning.
CHAIRMAN FIALA: Good morning.
MR. BONO: Well, I was a little nervous, but after hearing the
Immokalee sign case, I'm okay. So -- so I want to start by saying thank
you, distinguished County Commissioners, Madam Chair, guests, and
fellow associates.
We know this past year has been filled with challenges, and the
housing crisis and the foreclosure crisis in itself has grown to national
prominence in 2008. And we have battled the negative effects it's had
on our communities; however, it has allowed us to reach milestones
and achieve major accomplishments.
The success of the Blight Prevention Program is clearly
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January 27, 2009
measured by the partnerships we have built and nurtured over the last
three months with banks, lenders, third-party mortgage entities,
services contractors, both national and local, and attorneys, and we are
rehabilitating these properties through those relationships at a cost
savings to the department's budget. And we'll say that department's --
that is really a zero dollar investment on our part at this point in time.
So at this time allow me to support our efforts by presenting the
following presentation.
And I guess I've got to pull out the keyboard.
MR. MUDD: The left house button will do it. There you go.
MR. BONO: Thank you. The Blight Prevention Program
focuses on three main objectives: To address health and safety,
stabilize property values and property tax revenues, and prevent blight
in the community.
So how do we do this? That should be your first question to me
is, oh, that sounds great, looks great on paper. What do we do? Well,
we have to react immediately to reported code violations and maintain
mutual working relationships with the lenders. That is paramount,
okay. And once again, it's keeping that cost down as well to us.
Typically as property values increase, so does the property tax.
Now, obviously we're seeing a decline in property value at about a 42
percent clip, and that's from the National Area Board of Realtors that
came out last week.
So what we do is communicate to the lenders to adopt a
maintenance schedule, grass cuts, litter, ongoing inspections of the
property, so that obviously gives them a chance to keep their property
somewhat in integrity as well as in a salable and presentable
condition.
Our third approach is to -- is strictly proactive. We utilize the
code enforcement sweeps within our department for targeted areas,
and we utilize community task force teams that have been developed
through the code enforcement department to address vacant and
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January 27, 2009
distressed properties. By doing so, this approach reduces and/or
eliminates potential crime havens and dealing with any code violations
as well.
I've put together a graphic here, and these numbers were given
and contrived from realquest.com. We believe it is a viable source of
information, and they do updates daily.
Well, you can see by district where we stand in the
pre- foreclosures, which is indicated by your lis pendens and a
foreclosure, which would be a final judgment or final summary of
judgment on the foreclosure action; auctions, either public or private;
and bank-owned.
And the graphic I like best is really on District 5, is the
bank-owned. That's pretty high. And the reason I like it is because we
can get immediate results from the banks. We know the banks have it.
We have a clear Certificate of Title. We know who to go after. And I
hate that word, but unfortunately we have to -- obviously sometimes it
puts pressure on the banks to do their job as well.
I just brought down the numbers in a -- sort of a number group
here and by the numbers. The total foreclosures, either
pre-foreclosure auction and/or bank-owned is 5,872. And I think even
if you could take a conservative estimate of this of 10 percent, we're
looking at about 600 cases that exponentially increase our case load.
The Blight Prevention Program has committed to join and create
five community task force teams. We have done this through cohesive
efforts through the Sheriffs Department, Public Utilities, Domestic
Animal Services, and other related agencies within the county.
We also use bank and lender key contacts, at this point in time
about 33 key contacts that I can personally call on a moment's notice
to abate any violation. Of course, abatement, as well as compliance, is
what we're after and, of course, the community caretaking list, which
is -- and also the foreclosure tracking list which is not mentioned here,
that lets our sales measure successes and, of course, keep accurate
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January 27,2009
records for the county.
Just a graphic on here on the task teams that we've actually
created and generated. We do have monthly meetings on here, so we
work together with the Golden Gate City Task Force, Golden Gate
Estates Task Force, East Naples Task Force, North Naples, as well as
Immokalee Task Force, and great things have come to that. It's just
been a really concentrated and cohesive effort on everybody's part.
Some of the memories I may have mentioned here, but you'll see
this little graphic has code enforcement, obviously ourselves, utilities,
the DEP, solid waste, the Sheriffs Office, the fire departments,
pollution control, the DAS, Fish and Wildlife Commission, civic
associations, HOA's and POA's, Naples Utility, as well as the health
department.
And here is the community caretaking list that we have. We
track everything as far as properties are concerned, so we know that --
where we're at at any time. If a citizen or the commissioners do
happen to have a call, we can give you an update on exactly where the
problem is and where the property is and where we're at with the
property itself.
Here comes the good part. I like this picture. This is on
Linwood Avenue, Madam Chair. This is 3132 Linwood Avenue. I'm
not ashamed to say that address. This took one phone call to Wells
Fargo Bank, of which we established a very good working
relationship. This was cleaned up within two days.
CHAIRMAN FIALA: Wow, that's great.
MR. BONO: There were several, I would say, dozen, buckets of
hazardous materials and solvents that were on the property.
As the property looks today. It is completely cleaned up. And
once again, no cost to the county from either an administrative
resource, a financial resource, or manpower.
Of course, we understand today's economic times is tough for
everybody right here in Collier County, of course, across the nation,
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January 27, 2009
and we like to be well-armed when we come across these situations,
and we've created a link and a website to address and convey to those
citizens -- excuse me. That did not work out very well -- to go ahead
and look at this resource. And if you click on that, we come up with a
handful of resources for area citizens and community members. And
it's just -- just filled with information, either -- national, local, and
state programs.
And last but not least, and thanks to my director for pushing me
on this one. We're the Blight Busters, and you see that we resolve life
safety issue, prevent blight in the community, and stabilize property
values and property tax revenue.
I would like to, if I could, share some testimonials that have been
expressed to us by the lenders and the servicing companies.
Quote, I wish we could form similar relationships with other
cities and counties like the one we have with Collier County. I think
we could solve problems much quicker this way, end quote.
Quote, I'm glad we can help. It's part ofthe day-to-day around
here, but we usually don't get positive feedback from the code
enforcement community. So on behalf of my staff, thank you for all
your kind words and assistance in dealing with the troubled properties
in Collier County, end quote.
Quote, I cannot begin to express my gratitude towards Collier
County for not only their professionalism and attention to detail, but
their willingness to work with situations -- with institutions such as
ours for the greater good of the community, end quote.
Quote, as a fairly new member of the property preservation team
here at Fifth Third Bank, it was refreshing to come across an
organization who took the time to work alongside me while
developing a program headed in the right direction in Collier County
and has set a high standard I now expect and use with other cities
across the country.
I have come to learn a great deal over the past several months,
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January 27,2009
and for this I will be eternally grateful.
In closing, I'd like to say that -- and to reiterate, we have 100
percent compliance rate. We have not used any administrative
resources, financial or otherwise, to take any of these banks in front of
the board or the special magistrate. And I also want to, obviously,
thank my fellow associates who have been instrumental in making this
program successful. Thank you.
CHAIRMAN FIALA: Thank you, Mario. I've sat in on a few of
the task force meetings, and it's almost exciting to see how dedicated
everyone in that room is to making a difference, each and every facet
of our government.
And, Mario, you've been an angel to work with.
MR. BONO: Thank you.
CHAIRMAN FIALA: He takes on these jobs with a vigor.
Commissioner Halas?
COMMISSIONER HALAS: Yes, Mario, and Diane Flagg, I
want to thank you very much for this presentation. I think it was very
enlightening to realize that you have a great working relationship with
the lending institutions that now have the properties in land, and that
they're working with us to make sure that we don't have a blighted
community.
My question is -- and I'm not sure if you can answer it, Mario.
But you've been working with the banks in the past. Do they give you
any indication, when you're working with them on these particular
items, what the value of the property is in today's market?
MR. BONO: I don't have that information, Commissioner, but I
would think that if I -- if I do ask the question, I think it could be --
you know, be provided for me as well as yourself.
COMMISSIONER HALAS: Okay. What I was kind of looking
for is maybe after the meeting, if you could get some of this
information for us, unless it's too much of a task. I know that you're
working with other concerns and with properties in Collier County.
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January 27,2009
What I'd like to know is what properties or how many properties
in Collier County of the 5,872 are priced under $200,000, and how
many of these properties are priced under a $100,000 -- $100,000 or
under. It would be interesting just to -- for my own information as far
as affordable housing.
MS. FLAGG: Commissioner, I would add that in speaking with
the banks, what we're starting to see is that the banks are holding onto
the properties because the values have decreased. And through the
work that Mario and his colleagues have done in talking to the banks,
they're actually helping lead the banks in the direction that they need
to go, because this is all new to the banks also.
About 80 percent of our banks that hold mortgages in Collier
County are out of state, so we're dealing with, you know, Bank of
New York, Washington Mutual, Wells Fargo. And what the banks are
learning is if they let our community members stay in the house,
maintain the house, instead of pushing them out of the house, that --
what the banks are starting to do now is to hold onto the property.
So whereas before, six months, they -- the sheriff shows up at the
front door and tells them get out. The banks are now slowing that
train down and listening to these folks when they tell them, what you
may want to consider is what some of the other banks are considering,
which is Cash For Keys, and some of the banks are letting
homeowners, if they stay in the home and take care of the home,
giving them a 2- to 5,000 Cash For Keys Program where, once they do
actually foreclose on the home, they will give them a small amount of
money for maintaining the home.
So what we're seeing is trending, is that we're going to see that
graph on bank-owned continue to increase because the banks are
starting to not flip those properties and resell them.
The other thing that Mario is doing, we don't have -- what we're
explaining to the banks, because they're not familiar with the weather
in Naples, Florida -- and so what we're explaining to the banks is that
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January 27,2009
it is a really good idea for them to keep the electric on, which is
another reason to allow our community members to stay in the home,
because allowing the community members to stay in the home allows
the electric to remain on, allows the air-conditioner to continue to run
so that we don't run into a mold problem.
So basically we like to say the gentleman that was in the
mailroom last week is now in lost (sic) mitigation because the banks
are dealing with this overwhelming foreclosure issue, and certainly
these folks are on the front end of just talking with the banks and
encouraging them to share -- you know, they know what's working
because they're working with all the banks, and they're sharing that
information with other key contacts and bankrupts so that the
information is getting out.
COMMISSIONER HALAS: My last question is, are the banks
working with the present homeowners to try to keep them in the
homes and to work up some kind of an agreement to where they can
continue on living there and come up with some kind of a payment
program to institute -- to get their mortgage paid off?
MS. FLAGG: What code enforcement -- we also participate with
the Collier County Chamber who has a task force, and that's geared to
assist the community members. And so we're working with the banks
from a loss mitigation, which is addressing blight. We want to -- we
don't want blight to start here in Collier County.
The Collier County Chamber Task Force has a group of attorneys
and mediators, and people like myself, who, we get together once a
month and talk about how to help community members.
So in answer to your question, yes, in some cases, but, again, the
banks are having to learn. They have to -- they had to throw out the
old play book because this is something that they've never dealt with
before.
So we're helping them from the loss mitigation side saying, hey,
you know, Wells Fargo is doing this. You may want to talk about the
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January 27, 2009
Cash for Keys Program. And the information is starting. I know that
we've been asked to speak to a banking group, I believe it's next
month, and we're going to talk about these things with them. Because
what we're finding is, we're sharing information with key contacts in
the banking community, and they're basically -- because they don't
have past practice to deal with the situation that they're facing, that
they're starting to -- whereas before they were foreclosing quickly.
Now they're slowing the train down. They're letting the people stay.
The other thing that code enforcement is doing -- because we're
usually one of the first ones in conjunction with the sheriffs office or
utilities enforcement that see that there's something wrong at the
house, that the code investigators carry a resource list with them so
that if they come across somebody and they say, look, I know I have
all these violations, but there's nothing I can do, then we give them the
resource list for the chamber web site and explain to them that you
want to talk to your bank about staying in the home if you can't make
the mortgage payments.
So we're approaching it also with the resource, a community
assistance when we come across these situations.
COMMISSIONER HALAS: Once again, thank you very much
for all the work you guys are doing -- I really appreciate it -- to keep
the quality of the community looking the way it is, thank you.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Diane, I want to thank you and,
naturally, Mr. Bono and Michaelle Crowley for this program, and I
don't think it really emphasis (sic) what they have accomplished is,
when it's in between lis pendens and foreclosure, the owner still owns
it, but code enforcement department is working with the banks to get
in there prior to foreclosure to clean up the property. And that's a -- in
my estimate, a great achievement and just a wonderful approach.
So if nobody has any objections, I'd like to recognize the code
enforcement staff and also the task force for such a great
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accomplishment to keeping the neighborhoods up.
And I'm going to make a motion to approve staffs
recommendations.
COMMISSIONER COLETTA: Second, with one addition, if I
may, Commissioner Henning. Would you have it brought back as a
proclamation at a future meeting so we can duly recognize the public?
COMMISSIONER HENNING: Oh, that was my full intent.
COMMISSIONER COLETTA: Okay, thank you.
CHAIRMAN FIALA: That's wonderful.
Okay. I have a motion on the floor and a second.
Commissioner Coletta, did you want to say anything else?
COMMISSIONER COLETTA: Well, just briefly a couple
points I wanted to make is, one, how many homes have you dealt with
so far? What kind of numbers is it? What's the total numbers you've
actually dealt with where you had to intercede looking for
compliance?
MS. FLAGG: You're talking about with the banks?
COMMISSIONER COLETTA: Yes, ma'am.
MS. FLAGG: Two hundred three?
MR. BONO: Two hundred three registered cases.
COMMISSIONER COLETTA: Two hundred and -- over 200?
MR. BONO: Over 200, and this program has been only -- its
inception since November 6th.
COMMISSIONER COLETTA: Yeah, think about this for a
moment. You've dealt with 200 entities out there and you come up
with 100 percent compliance and you did it without a gun? I think it's
absolutely remarkable.
And I understand, too, that what you're doing out there will help
to lessen the dangers from forest fires that could decimate especially
the rural areas of Collier County by requiring the people to keep the
place clean and also remove any danger from overlying brush or
weeds, and that's also a tremendous benefit as we go forward.
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January 27, 2009
And I can't thank you enough. It's -- you and your task force and
your staff are really to be complimented for doing an excellent job of
working out there with the community and not having to use the
enforcement arm that's within your jurisdiction to use. I thank you
very much.
CHAIRMAN FIALA: We have one speaker. I'm sorry.
MS. FILSON: Yes, ma'am. Steve Harrison?
MR. HARRISON: Just a couple of quick things. First I wanted
to commend Director Flagg for the amazing progress that's being
made on this issue.
When I've come before you in July and September, we were
looking at 8- to 9,000 foreclosures in '08. It turned out to be almost
exactly 8,000.
The financial press is projecting that with unemployment rising,
that the numbers are going to go up in '09. She's making such great
progress. If it comes to pass that she needs more resources, I hope
you'll look on it favorably.
There's three areas that are still gaps that I'm seeing in the
marketplace. We have a lot of condo associations where 15 to 20
percent of the condo owners are no longer paying their dues, so there's
a great level of distress popping up in the condo associations around
the county.
Also, roughly half of our transactions, real estate transfers, are
foreclosures being sold as is with the right to inspect. So a lot of
violations that maybe have been attached to the properties through the
years are being conveyed to the future owners. That's probably
something that Diane will be looking at here shortly.
But it's great work, and we hope to see more of it as she goes on.
CHAIRMAN FIALA: Thank you very much, Steve.
Now we have a motion the floor and a second.
Any further comment?
(No response.)
Page 8 1
January 27, 2009
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thanks for the great work, guys.
MR. BONO: Thank you.
Item #10E
THE SIXTH CONSERVATION COLLIER ACTIVE
ACQUISITION LIST AND DIRECTION FOR THE COUNTY
MANAGER OR HIS DESIGNEE TO ACTIVELY PURSUE
PROJECTS RECOMMENDED WITHIN THE A-CATEGORY-
MOTION TO APPROVE ACQUISITION LIST WITHOUT THE
P AGANES AND STIRNS PROPERTIES - APPROVED
MR. MUDD: Commissioner, that brings us to 10E, and that's a
recommendation for the approval of the sixth Conservation Collier
active acquisition list and direction for the County Manager or his
designee to actively pursue projects recommended within the A
category.
And Ms. Alex Sulecki -- yeah, I'll get it -- Alex Sulecki, your
senior environmental specialist, will present.
Now, I will -- I will mention to the board before Alex starts that
one of the things she asked, she goes, you know, our list could be
impacted based on the board's decision to 101, and that has to do with
the easement on the Pepper Ranch and the future issues.
So if the board should decide not to acquire the Pepper Ranch --
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January 27, 2009
and I haven't got a sense yet from the commissioners that that is the
case -- but if that would happen, there would be $32 million,
additional dollars, that you basically have in your program and you've
loaned, you have a loan on, where your list would expand.
If that is, indeed, the case, Ms. Sulecki will come back after she
talks with the CCLAC, okay, and if that list gets expanded based on
the decision, then she will come back to the board with this list
amended, okay.
Alex, I think I've covered it. Go.
MS. SULECKI: Thank you for the introduction. And I think you
should actually call me Ms. So Lucky because I have a job. Thank
you very much.
Good morning. For the record, Alex Sulecki, coordinator of your
Conservation Collier Program.
I am pleased to be here today to seek your approval for the six
acquisition -- six Conservation Collier recommended acquisition list.
And I don't know if I have any committee members here this morning.
Do I have any? No. Okay.
Well, I'd like to give you a little status update just to start out
with. We -- as of today we've acquired 1,336 acres. We've spent
about $69.2 million. Currently we have another 55 acres under
contract for $347,000. Pepper Ranch would add 2,512 acres for
another 33, approximate, million. And if we acquire Pepper Ranch,
we would have then a total 3,856 acres and would have spent
approximately $103.3 million.
We have five final management plans currently being
administered, we have three more under review, and we have nine
properties that are under an interim management plan currently.
So as you may recall, we have prioritized our active acquisition
list. If you look on the right, you can see a map of the Conservation
Collier properties. They have the priority colors attached to them, the
list that matches with the list that you were provided in your agenda
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materials.
Being -- those properties that the CCLAC recommends, A, green,
that's like go, we'd like to buy them; the yellow or orange, that's wait,
hold; and red, C category, a recommend not to pursue.
Notice we also have some blue properties here on the map.
These are properties or areas that have been approved previously but
in some cases we don't have willing sellers for all the properties, and
that's -- as in our two multi-parcel projects, unit 53, which is up here,
Winchester Head.
Camp Keais isn't exactly in that category, so I'll leave it aside for
now. And then down here, RJS. Camp Keais hasn't -- many haven't
accepted our offers, and it's not a multi-parcel project. And RJS
actually is in the process of contract but hasn't closed. But we'd like to
keep these on the list technically so that when we are prepared to
close, we can go forward with them.
Our ordinance asks us to equitably distribute these properties
geographically, so you can see spatial relationship of those properties
on the map.
And we have a recommended A list, and so I'm kind of going to
focus on this. If you have questions on the B or C list properties, I'll
be happy to address them, but I'll focus just on those.
We -- the parcels recommended for purchase are adjacent to
current preserves. These provide larger areas that increase the
environmentally significant areas that we've already decided we want
to buy, and it also provides us some efficiency for management
purposes, for staffing, and for cost.
So you see here our A list properties and the approximate total of
the property values and the estimates per-acre values here, with the
total there. So you can get a sense of what these things are costing.
And then I've also listed in those blue parcels down here, this is the
RJS contract. It's pending. North Golden Gate Estates, Unit 53. These
represent the values for the remaining acreage that we have not
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acquired at this time, we don't have willing sellers for. So that gives
you an idea of what it might cost. That's in current, today's values.
And so we currently have about $3.2 million, which is enough to
buy our A list. The -- and RJS has been included in previous
calculations, so that's in monies already set aside. Winchester Head
and North Golden Gate Estates, those are projected for the future, so
we would not be spending that. But if you wanted to look at a total of
those, it's approximately 4 million.
Okay. I wanted to show you the breakdown ofthe types of lands
that are currently owned by Conservation Collier. We have, blue is
wetlands; brown, upland forest; yellow is improved pasture, and that
references Starnes particularly; and the very small turquoise slice there
represents water. So you can see the rough breakdown of what we
currently have.
If you look at the next -- to the right pie chart, we have -- this is
the recommended A list. So we have 40 percent wetlands and a little
under 50 percent upland forest. And a different kind of category than
in the original pie chart, this is structures; because we do have some
properties recommended in the A list with structures, and I'm going to
talk to you about them specifically.
So if we combine the current and the A list, this is what you see.
It's roughly the same breakdown. You can't really see that brick
portion because it's so insignificant. It's less than 1 percent. If we
include Pepper Ranch in that, you can see the breakdown doesn't
really change that much. So that's really approximately what we have
in Conservation Collier now.
If we go into the A list, the first three properties on the A list are
in the Rivers Road acquisition area. That's the Cosentino property,
Devisse, Paganes, and Stirns. The red -- this is the Rivers Road
project area, and you can see here where it's located in county just
south of Immokalee Road, and that's Twin Eagles up above it.
The red parcels over here are those we have just acquired. And
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the other colors, see the purple, the blue, the green, and the orange are
those that are proposed as A list properties. And the total estimated
cost for these properties is about $2.3 million. Now, the cost for the
red parcels, which we've already acquired, is about 4.7 -- was 4.7
million.
So if you look at the total projected cost of this project as a
whole, you're looking at about $7 million and about 91 acres, which
works out to about $77 (sic).
MR. MUDD: Seventy-seven--
MS. SULECKI: 77,500 per acre. Okay. Now, that's kind ofa
moderate to high price for the lands that we've looked at, but this is in
the rural fringe mixed-use district receiving lands. So it's possible it
could be developed. It could even be developed more than just the
one per five acres.
It met quite a bit -- it met five out of six of our initial screening
criteria. Currently it's zoned mobile home overlay, agriculture, mobile
home overlay. And it's receiving lands, so there's no TDR's
associated with it, but they could be placed here. It's surrounded by
and developed agricultural residential, rural residential.
And one of the major reasons why this area was looked at for
acquisition and is deemed important is that it actually connects with a
wildlife corridor that is not currently in existence but is a negotiated
private wildlife corridor between the developer of those lands and
some conservation groups here.
I don't know much more than its location because it's a private
agreement, but this connects with a wildlife underpass right there on
Immokalee Road, and then up through the Twin Eagles conservation
golf areas up to more than 60,000-plus acres of conservation lands. So
it's considered a critical wildlife corridor, and I think that's the major
point I want to bring on those properties.
Also that this is in one of the highest aquifer recharge areas in our
county, so it does provide some really good aquifer recharge for our
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drinking water aquifer, not only the surface -- surficial aquifer.
It does -- there are properties on there with structures. This is the
Stirns property, the little green one up in the corner. And what's on
there currently is a house, a barn, this sort of working -- work structure
with bathrooms, and then -- a pool and a pavilion. The owner has
agreed to remove all the structures at his own cost except for the
pavilion -- he'd fill in the pool -- and except for this structure here with
a little office and bathrooms. There's also a nice parking area already
done there and a gate and fencing that would remain.
Now, we've thought about what the cost might be for retrofitting
these structures because we would have to retrofit them for ADA
access, and we'd have to also upgrade various things. Went out there
to look at them with our building inspector to see what we'd have to
do. And for public use, we're estimating that we'd have to put about
$40,000 in it.
We do have there on site an existing septic tank that would
handle public use. So I just provide that for your information.
The other property that has a structure on it is the Paganes
property. And I'm sorry I don't have a little map here, but I'll show
you. It's right in the middle. It's this blue piece in the middle. And
it's got a 1,584-square-foot wood frame cabin; very, very nice cabin,
but not the typical thing that Conservation Collier purchases.
We looked at the cost to retrofit this for use. Let's say if you
wanted to have a wildlife center or something there, it would be
approximately $60,000. There's quite a bit of work to do.
Okay. What about if you want to just demolish it? Then we're
talking about $50,000. But why would you buy a good home and
demolish it? So some folks have suggested that, well, we buy it and
we move the house. Costs to move are estimated at $144,000, and
there's not -- there's a lot of variables that aren't even considered in
that value. Doesn't consider, for one thing, the weight of moving it
down the road, that you might have to actually improve the road all
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the way to Immokalee Road to get it down there on a trailer, or take
away the utilities. We don't know if the road is wide enough. So it
doesn't seem a very practical solution.
Okay. Moving on to the next property, the Joyce property. This
is located in North Golden Gate Estates, Unit 42. It's in the Horse Pen
Strand. That is an area that Collier Soil and Water conservation
district has been bringing as part of a proposed project.
This property is adjacent, it's the Joyce property, and it is 2.27
acres, and it's adjacent to some properties we've already purchased,
right there. We bought the Oetting properties in -- last year for
$50,000, and we are -- the estimated value for the Joyce property
today is $27,000, roughly half that. I think that bears out the 43
percent decline in real estate values, at about 11-, $12,000 per acre.
So if we acquire that, we will have four-and-a-half acres there for
$77,000, or approximately 1,900 an acre.
And one of the very good things about this property is that it's in
the middle of a slough, it's wetlands. I believe that owners have -- in
fact, the Oetting owners tried to build on it. DEP would not give them
a permit.
It is important for water management in the Estates. It's one of
the areas in retrofitting the Estates that people have discussed, and it's
right across the street from a school which our staff members have
already been in contact with to involve in naming the preserve. So
there's a very good educational component involved with this
property.
The next properties on our A list are right adjacent to our Nancy
Payton Preserve, which is in Section 24. We have the Kirby property,
which is up here at the north, and you've actually seen that one before.
And we have the Murphy property down here below.
These met our initial criteria screening scores, five out of six.
You can see there's just sort of average scores in there. When you're
thinking ecological, human resources, management, and vulnerability,
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I would say particularly they're not -- they're not themselves
particularly environmentally sensitive, but they do add some things to
our property. They add to its size, we're managing it for
Red-cockaded woodpeckers, and size is important in that regard.
This particular property, the Murphy property, adds the
opportunity to take advantage of a 30- foot access easement, because
one of the issues with Nancy Payton Preserve is public access. We--
at the time we purchased it, there was considering a roadway across
the top.
Commissioner Coletta, do you remember that? Do you remember
we discussed that?
COMMISSIONER COLETTA: We did.
MS. SULECKI: We did. And at this time it's not still -- it's not
in the works. So it's been pushed out further and it's not a guarantee.
So the public access potentials were impacted by that. So we're now
looking for alternate access, and the Murphy property helps us with
that. The Kirby property expands the preserve. And the estimated
value for both of them, 185,000. Approximately 92,500 an acre.
Now, get to the blue parcels. This is -- just to let you know what
these are. This is the McIlvane Marsh project. The ones in blue here
we've already acquired. The ones interspersed with those are already
owned by the State of Florida DEP, so there's approximately 800 acres
there that are owned for conservation.
This particular parcel we're talking about, RJS, really provides
access to the area. There's a paved road there, Kersey Road, that
accesses it directly.
We have -- we have done an appraisal, and we have made an
offer. The offer's been accepted, but there are some title issues with
that, and these go to the fact that the property size was increased by
the property appraiser. During a transaction this gentleman owned
more properties there and it was sold off, and this little piece was left
like an orphan, so it was attached to this property. And we discovered
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this quite late in our process and went through a whole 'nother -- that's
why it's sort of hanging around for a while -- whole 'nother trip
through the Conservation Collier Committee.
Anyway, they were -- recommended that we purchase it. It
added some access here and a little bit there.
So we previously acquired here 340 acres, approximately, for
about 7,400 an acre. This one's a little bit more, 9,865 (sic), but
because it has public access -- it has access directly from a paved road,
so it's a little bit more.
So if we add all those together with the project, we will have
acquired 369 acres, for a total cost 2.8 million, which is about 7,595
an acre, fairly decent cost for land.
We go into the Winchester Head project, and we have -- it's 170
acres total area. We have acquired 58.5 acres or acquired and under
contract. And those are the green and the blue parcels there. The
estimated value that we're paying now is 16,375 an acre.
We're in the process now of getting new appraisals, so we're
seeking to keep this on the A list so we can go forward with that
process and make offers as willing sellers come forward. All contracts
will be brought back through the Conservation Collier Committee and
the board for approval, so you will see that price.
And I believe we've already made some agreements as to, if the
price gets too high, we come back. But currently the price appears to
be acceptable.
North Golden Gate Estates, Unit 53. That's 305 acres. We've
acquired 173 acres of it, little bit more than that. Those are the green
and the blue parcels. The blues are under contract. The greens are
acquired.
The red striped parcels are folks who have said no. Weare
currently paying 15,842 an acre. That's -- that value though will be
updated, as with Winchester Head. We're in the process of getting
undated appraisals. So we're seeking to keep it on the A list and move
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forward. Personally I believe these are the best values for us in
Conservation Collier at this time.
And, again, we'll bring each of those contracts to the board and
the CCLAC for recommendation.
So I'm here today with the Conservation Collier Acquisition
Advisory Committee recommendation to approve our active
acquisition list asking you to direct staff to actively pursue acquisition
of these cycle six properties that are listed in the A category, and
reminding that we -- the A list is about 2.8 million. We have another
69,000 and change for costs. And we do have that money budgeted.
Any questions?
CHAIRMAN FIALA: Thank you so much for your presentation.
What I'm going to do now is I'm going to say, before we get into
questions, before we get into speakers, I think we're going to break for
lunch, and we'll be back at one o'clock. And then rather than get into
all of that, then we'll go on and on. I think it's time for us to break for
lunch. Let's see you back here at one o'clock. Thank you.
(A luncheon recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, Commissioners, you have a hot mike.
CHAIRMAN FIALA: Thank you.
MR. MUDD: And we were finished with Ms. Sulecki's
presentation before lunch on Item 10E, and you were going to
entertain public speakers and ask any questions that you had for Ms.
Sulecki.
CHAIRMAN FIALA: That's correct. I have two commissioners
waiting, but I would like to -- unless they have a problem with that, I
would like to go right to the public speakers. We have five.
MS. FILSON: Two.
CHAIRMAN FIALA: Oh, we have two now. Good. Okay.
COMMISSIONER COYLE: Let's break for another ten minutes
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and we won't have any.
MS. FILSON: You ready?
CHAIRMAN FIALA: Yes.
MS. FILSON: Kelly Salmons. She'll be followed by Jessica
Stubbs.
MS. SALMONS: Hi. My name is Kelly Salmons, and I actually
am here concerned about a property that's on the C list. And I don't
want to waste your time if you're not considering pulling it up, which
is what we are in favor of.
I'm with the Delasol Homeowner's Association, and this is with
regards to the Devisse property off of Euclid in -- at the -- by
Willoughby Acres and Delasol. And just, the homeowners association
is not in favor of it being pulled up or considered for Conservation
Collier because we have two stipulations that would make us feel
more comfortable; one, that no development was done within 150 feet
of the north border of the property, and also that it was only pedestrian
access allowed. So -- not to waste any more time. Thanks.
CHAIRMAN FIALA: Thank you for being here.
MS. FILSON: Your final speaker is Jessica Stubbs.
MS. STUBBS: Hi. Jessica Stubbs representing the Conservancy
of Southwest Florida and our over 6,000 members.
The Conservancy comes before you today to support staffs six
Conservation Collier active acquisition list with the exception of the
9.7-acre Stirns property within the Rivers Road project area.
While the parcel is located within the project area, it does not
have the same level of sensitivity as the other A list nominations. This
is reflected with the low scoring when evaluated separate from the
project as a whole.
The Stirns property is 10 acres -- about 10 acres in size but only a
third of it, about a third of it, has not been cleared and developed. Of
the native cover that is remaining, at least 25 percent is covered by
exotic species.
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By accepting this nomination, the program is purchasing
developed properties which has a home and a pool along with about
six acres of cleared land which we do not consider to be valuable,
environmentally sensitive land.
Compared to the Paganes property, which also has a structure,
the Stirns property has little remaining natural resource value with or
without its structures; therefore, we recommend that the best use of the
limited remaining Conservation Collier funds is to approve the cycle
six acquisition list with the exclusion of the Stirns property. Thank
you.
CHAIRMAN FIALA: Thank you. That was our final speaker?
MS. FILSON: Yes, ma'am.
CHAIRMAN FIALA: Okay. We have commissioners --let's
see. The first one was Commissioner Henning.
COMMISSIONER HENNING: Alex, the multi-parcel
acquisition, you said that you're going to reappraise that. Would that
include the existing -- I'm wishing -- would that include the existing
properties?
MS. SULECKI: By existing, you mean --
COMMISSIONER HENNING: Or existing contracts --
MS. SULECKI: No. The existing--
COMMISSIONER HENNING: -- under proposal?
MS. SULECKI: -- contracts have -- are just about to you.
They've been agreed upon. They're based on the previous appraisals.
COMMISSIONER HENNING: The -- what was that, March?
MS. SULECKI: Yes -- yes.
COMMISSIONER HENNING: Okay. How often do you
update the appraisals?
MS. SULECKI: Well, we're kind of in new territory. Our plan is
to do them every six months or thereabouts.
COMMISSIONER HENNING: Is that what the ordinance says,
or is that a policy?
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MS. SULECKI: The ordinance doesn't address it, and it's not
particularly a policy. It's just what we've determined is the best way
to go about that to get an accurate value.
COMMISSIONER HENNING: Well, would you -- ifproperty
values are going up, would you update the valuation of the -- update
the appraisals on a more frequent basis?
MS. SULECKI: Well, I think the updating of the appraisals and
the time period, we're certainly open to your direction on it. But what
we're trying to do is respond in -- appropriately to the times and the
values and the time frames that are out there for appraisals to be good.
COMMISSIONER HENNING: Right. Just to give you an
example, the -- I guess what we're coming forward on the Winchester
is 16,000 per acre, or roughly thereof. The valuation of the Joyce
property, which is in Golden Gate Estates -- it is a wetland -- is
11,800.
So, you know, my preference is, how can we get the best bang
for the taxpayers that are paying that.
MS. SULECKI: I agree.
COMMISSIONER HENNING: Great.
MS. SULECKI: Well, our best way to do that at this point is to
move forward with those that we've had approval on and we've gone
through our process with, and then simply to reappraise now, not go
forward until we reappraise.
COMMISSIONER HENNING: What's the -- what's the -- how
many parcels is it, or what's the value on those contracts; do you
know?
MS. SULECKI: They are at these values.
COMMISSIONER HENNING: What's the total value of those
contracts?
MS. SULECKI: The total value, I don't know. I don't have that
information.
COMMISSIONER HENNING: Okay.
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MS. SULECKI: I can get it for you.
COMMISSIONER HENNING: Doesn't -- I guess it doesn't
matter, I guess it's just more of a policy thing. If the market is
fluctuating, do you want to buy it at the market price or historical
values?
My next question is, do you have a blowup of this map on our
visualizer?
MS. SULECKI: Which one are you seeking to see?
COMMISSIONER HENNING: The map.
MS. SULECKI: Of this one?
COMMISSIONER HENNING: Yes, that map.
MS. SULECKI: Well, what I have with me is--
MR. MUDD: Do you have a colored version? I'll slap it up there.
MS. SULECKI: I have a colored version here. Would that work?
COMMISSIONER HENNING: Yeah, that would work.
MR. MUDD: Is there any particular area, sir, that you'd like me
to zoom in?
COMMISSIONER HENNING: Well, I guess my concern is--
and someone pointed out to me -- is the disparity about the purchases
in the geographical map of Collier County focusing on one area of the
county versus all the area of the county and -- like Rookery Bay down
in that area, in the urban area, there's -- I think we just have one parcel
down there.
CHAIRMAN FIALA: Yeah.
COMMISSIONER HENNING: I believe it is.
CHAIRMAN FIALA: The mall.
COMMISSIONER HENNING: And that's the mall property,
and I guess that's -- the concern that I have is the geographical
purchases and the recommendations by Conservation Collier Advisory
Board is -- I would like to see more of a balanced approach instead of
a targeted, one area of Collier County. That's my comment.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
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COMMISSIONER COLETTA: Yeah. A couple of things. One,
I need to follow up on Commissioner Henning's thoughts. I don't --
we're not putting political boundaries on this. What part of the county
it's in really doesn't matter. It's what is out there that we can access at
this point in time. And, of course, the farther we go to the east, the
ability to get these lands and put them into conservation becomes
more readily available; as the lands to the west and closer to the coast,
the opportunities are few and far between.
But I think Collier -- Conservation Collier Advisory Board has
seized on every opportunity they reasonably could, and I commend
you on that. And, of course, the prices for the lands that are along the
coast of -- when you figure it out on a per-acre price, it's way out of
proportion than what it is if you go farther to the east.
But once again, let's forget geographic boundaries on this and
look what's going to be in the best interest of all of Collier County.
But the other issue that I wanted to ask you about, Alex, is
coming up before us shortly is going to be Pepper Ranch, to be able to
get an update on it, and also with the Pepper Ranch supposable (sic)
sediment (sic) -- settlement or the offer that they're going to come
across with, there's another opportunity that's going to present itself, I
understand, with the possibility of a consideration of purchasing
outright the Collier property.
MS. SULECKI: A small portion of it.
COMMISSIONER COLETTA: A small portion of it. But in any
case, that would remove the stigma of an access route through the
Pepper Ranch for any purposes if we did so.
Are we -- do we have our items in -- out of order? Shouldn't we
be considering that first before we get into cutting the pie up for this
particular part to be able to see what we're actually dealing with?
MR. MUDD: No, because the -- it's a willing-seller program.
I'm Alex today. I'm sorry, sir.
The -- it's a willing-seller program. That particular option just
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came about because of the easement mitigation talks that were there. I
don't believe -- I don't believe a letter has been received that basically
says that that particular property is up for sale.
And then you have a whole process with the CCLAC and the
assessment and the evaluation of the property to go through, so you --
COMMISSIONER COLETTA: Yeah. But when it comes down
to the ultimate, it's the Collier County Commissioner that represents
the public as the buyer, and we're the people that will make that final
decision. And outside forces that are underway may have a tendency
to make us want to rethink the direction we're going with anyone
purchase that we're looking at today.
Is there anything here that's so time sensitive that it would have
to be accomplished in the next two weeks?
MS. SULECKI: No, sir, I don't believe so.
COMMISSIONER COLETTA: Okay. So going back to my
original question. Maybe you might able to answer it. What we're
looking at here and what we're voting in the order of things, wouldn't
the decision made on Pepper Ranch and possibly giving direction to
staff as far as looking into the willing seller, the property of the
Colliers to be coming into it to make everything whole and to be able
to bring some kind of finality to this? Wouldn't that be something we
should be looking at before we're agreeing on what's on the A list?
MS. SULECKI: Well, if that does come to pass -- and we don't
have it yet -- then it does have to go through a process. It's not going
to be immediate. We've got money set aside for this cycle, and then
we've got money for the next cycle. So it's going to take -- I think we
looked at a time line. The earliest time line -- and we're already into
nearly next year for a closing when we have other monies available.
So I'm not sure --
COMMISSIONER COLETTA: And I feel a little bit guilty in
the fact that I may have knowledge that my fellow commissioners
didn't receive through whatever sources. I don't know if everybody is
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up on this or not. And they're not.
And so, you know -- and I don't want to get into a deep
discussion on an item without having the two parties or the three
parties involved up here at the same time.
When I'm suggesting is just for the sake of -- to be assured that
we're doing the right thing, that we delay the decision on this until
after we hear the Pepper Ranch deal and what other options are out
there for it, and then immediately come back on this when we have a
better idea what we're talking about.
MS. SULECKI: We could certainly do that, or as the County
Manager earlier suggested, to come back to you and revise the list,
should that make a difference.
COMMISSIONER COLETTA: Well, that's a possibility. In
other words, we'd be voting on something -- wouldn't we be putting --
MR. MUDD: If you decide today that you do not want to
acquire the Pepper Ranch because of the easement or whatever, there
will be additional monies that this particular program has in order to
spend before the sunset of 20 13 and the tax revenues that come every
year between now and then.
You buy the Pepper Ranch and the monies that they have
available before this particular program sunsets is limited. It's -- they
don't have 30 million or whatever to purchase another property. It just
doesn't exist.
COMMISSIONER COLETTA: But is this fair to the willing
sellers out there to come up with a ruling here and then change it again
at a short time down the road? That's why I think that we should
continue this item, and -- just at least until we can hear what is offered
on Pepper Ranch, and then we can finish up with it.
CHAIRMAN FIALA: I also wanted -- Commissioner Henning
brought up the fact, maybe the property appraised value might be a
little bit lower, so maybe -- maybe we should be hearing it at another
time even, if there's lower appraisals coming in. Or are these already
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offered?
MS. SULECKI: That won't impact what we currently have, no.
CHAIRMAN FIALA: I see.
MS. SULECKI: Because those are -- that's for the future. We
haven't even contacted and tried to find willing sellers yet.
CHAIRMAN FIALA: Commissioners, would you like to hear
this later in the day and first hear the Pepper Ranch?
COMMISSIONER COYLE: Not me.
COMMISSIONER HALAS: I'd just as soon get this over with.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Not for the reasons I just heard.
Just the opposite. I want --
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: -- to see more properties
purchased where -- more in the urban area, myself.
CHAIRMAN FIALA: Okay. So they do not want to -- they do
not want to continue this till later in the meeting, Commissioner
Coletta.
So, okay. Commissioner Coyle, you're next.
COMMISSIONER COYLE: I have some questions. I happen to
agree with the Conservancy's position that purchasing Stirns property,
to me, it just doesn't seem justified.
It's developed property, and I'm not at all sure that the Paganas
property is worth it either. For those two properties we're spending
over $1.3 million for about 14 acres. For that much you can get the
remaining portion of the Winchester Head project and you'll have 96
acres. I don't understand why we want to start purchasing developed
property .
MS. SULECKI: Well, theoretically you can get Winchester
Head, because we don't have willing sellers. But I think the reasoning
behind the CCLAC's decision was that this parcel provides a gateway
to a larger preserve area.
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And if you look at the structures on it, the owner has agreed to
fill in the pool, take away the house, take away the barn, at his own
expense.
What we would be left with is a structure that could house
environmental education, that could be a place for picnics. There's
also a bathroom, an office facility on the property. So it could make,
you know, a center for people to come to, and also there's parking
already established. We don't have to clear for parking. So I think
that was the idea.
And then when you go to Paganes, which is here in the center, I
think that was one of the issues there because it is in the center. And
if we have a piece that's excerpted out and somebody's living in it will
be more difficult to manage the properties. So I think that's the
thinking behind the recommendation.
COMMISSIONER COYLE: But the fact of the matter is, that
you're paying for those structures one way or the other, whether
they're torn down by someone or not. You're paying for the
structures. And I'm just wondering if you couldn't achieve your goals
-- I mean, if your desire is a place to have picnics or even some
environmental education, there are plenty of opportunities to do that
on the other property that we already own. You could build simple
facilities on the other properties for the -- for a lot less than the money
that you're paying for these two.
So I think I'm going to be in the position of not supporting the
purchase of either of these two properties. And my point with respect
to the Winchester Head, you've got the remaining properties of 1.573
million for 96 acres. You could take the money for the Paganes and
the Stirns properties and almost pay for that whole thing. And, yeah, it
won't be all of them because some people refuse to sell, but it will be
the remaining that you've identified here.
I just don't think it's good use of the funds you have to spend
them on improved property, even though the properties might be
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January 27,2009
returned to their -- to the extent possible to their prior condition.
CHAIRMAN FIALA: Thank you. I also had a comment. I
think it's important that we protect properties that will definitely
protect our future water sources. That's -- that goes without saying. I
think that's extremely important, rather than let development take
them over.
One of the things -- one of the objectives we had when we first
started this program was also to buy some land in the urban area. And
every time I drive by that piece of property at the corner of Estey and
Airport Road and -- all cleaned out nicely and I think, oh, my
goodness. That is the purpose for Conservation Collier, just sitting
there, it's all clean, ready to go, and it's for sale. And I think, oh, I
wish we could buy that. So --
MS. SULECKI: We have approached them.
CHAIRMAN FIALA: Have you? And they don't want to sell?
MS. SULECKI: Yes, ma'am; 13 million, I think, I'm being told,
yeah.
CHAIRMAN FIALA: Oh.
MS. SULECKI: That was one of the issues. But they have not
submitted an application, and that's what we need.
CHAIRMAN FIALA: I see. That's out of the question anyway.
Okay. Would have been nice. Okay. So we've heard from
Commissioner Coyle who feels that the two properties that have
structures on them would be off his list.
Any other comments from commissioners?
Commissioner Halas, you don't even have to push your button.
COMMISSIONER HALAS: I have to agree with Commissioner
Coyle. I think that we should be after properties that are more prime,
that are more rustic. I think that's the whole purpose of Conservation
Collier. So I'll have to go along with the commissioner on that one.
CHAIRMAN FIALA: Okay. So then if we took those two
pieces of property off of list, we have how many remaining?
Page 10 1
January 27, 2009
MS. SULECKI: Ifwe took offPaganes and Stirns, we would
have Cosentino, Devisse up in the Rivers Road area, we would also
have Joyce in Unit 42, and then Kirby and Murphy next, and Nancy
Payton.
CHAIRMAN FIALA: Okay, Commissioners. Does anybody
have any -- anybody want to weigh in on those four pieces of
property, one, two -- five pieces of property?
COMMISSIONER COYLE: I would be willing to support those
five pieces of property.
COMMISSIONER HALAS: Is that a motion?
COMMISSIONER COYLE: Yes.
COMMISSIONER HALAS: I'll second it.
CHAIRMAN FIALA: Okay. I have a motion on the floor to
support buying the five remaining properties that we just mentioned
and -- by Commissioner Coyle and a second by Commissioner Halas.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
Opposed?
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Okay. We have a 3-2 vote. Is that -- is
that sufficient?
MR. KLATZKOW: Yes, ma'am.
CHAIRMAN FIALA: Very good. Okay.
MS. SULECKI: Thank you.
CHAIRMAN FIALA: Thank you very much.
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January 27,2009
Item #10G
EXTENSION OF THE DEADLINE TO COMPLETE EXPANDED
INTERSECTION IMPROVEMENTS TO APRIL 30, 2009 AS
PART OF CONDITIONS OF APPROVAL AND STATUS OF
COMPLIANCE FOR THE COCONILLA PLANNED UNIT
DEVELOPMENT ORDINANCE NO. 05-15, ALSO KNOWN AS
THE AQUA AT PELICAN ISLE YACHT CLUB PROJECT , THAT
WAS PRESENTED ON SEPTEMBER 23,2008 AS ITEM #16Kl
(MOVED TO ITEM #12A) EXPANDED INTERSECTION
IMPROVEMENTS WILL INCLUDE FULL CONSTRUCTION OF
THE PERMANENT ACCESS POINT AT THE SIGNALIZED
INTERSECTION WITH RELATED SITE IMPROVEMENTS -
APPROVED
MR. MUDD: Commissioner, that would bring us to Item 10G,
and that's a request that the Board of County Commissioners approve
the extension of a deadline to complete expanded intersection
improvements to April 30, 2009, as part of conditions of approval and
status of the compliance for the Coconilla planned unit development
ordinance number 05-15, also known as the Aqua at Pelican Isle
Yacht Club project.
That was presented on September 23,2008, as Item 16Kl,
moved to Item 10. The expanded intersection improvements will
include full construction of the permanent access point at the
signalized intersection with related site improvements.
And Mr. Nick Casalanguida, Transportation Planning Director,
will present.
MR. CASALANGUIDA: Good afternoon, Commissioners. For
the record, Nick Casalanguida.
Again, I'm causing a little mischief here. When they came in for
their site plan review and their right-of-way permit, we noticed that
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January 27,2009
this was going to be done in phases, and we met with the applicant and
met with our -- my boss, Norm Feder, and said, let's get this thing
done one time, one time only, and let's put the turn lanes in, the
sidewalk, and not do this as staged. Then we would also close the
temporary access point that's existing right now.
So the applicant agreed to do that. They said, at your request to
do that, we'll need a little bit more time. We said, how much more
time, and they said 30 -- 90 days, and we said, that's reasonable, and
that's why we're here today.
COMMISSIONER COYLE: Motion to approve.
CHAIRMAN FIALA: I have a motion to approve on the floor.
Does anybody want to second it?
COMMISSIONER HALAS: I'll second it for -- just for
conversation's sake.
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: But there's some concerns that I
have in regards to what that intersection looks like at the present time,
and also the egress road that comes out of the park and then enters
onto Vanderbilt Road.
Is there going to be some modifications so that, first of all, the
egress coming out of that park, if somebody's got a van or pickup
truck and a boat trailer, that they'll be able to make that turn?
And then is there going to be something done with the alignment
so that the service road or the road going into this property, along with
the egress coming out of the park, is going to line up so that it lines up
with the intersection of Vanderbilt Drive and Wiggins Pass Road?
MR. CASALANGUIDA: The answer to both of those questions
is yes. In the current condition, you have a constrained curb, but
we've tested it. It does work with a tow, because it's an egress only. It
will get better when they do the full park enhancement in the Phase II
part of their project. And when it's completed, it will all line up with
Vanderbilt -- the intersection across the way.
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January 27, 2009
COMMISSIONER HALAS: With the -- can you explain what
the second portion of the park enhancement is going to be so that we
can try to eliminate redundancy in regards to how we're going to
address this egress out of the park?
MR. CASALANGUIDA: Sure. As part of the Phase II building
-- and correct me if I'm wrong -- they're doing parking spaces, joint
parking spaces with the park, so it's being constructed as part of the
second tower, and they can't do the construction on that portion of the
park until they do the -- get permission to break ground for the second
tower.
COMMISSIONER HALAS: Do you have any kind of an aide
here that we could take a look at and see exactly what the big plan is?
MR. MUDD: Try to get this thing right-side up.
MR. CASALANGUIDA: Okay, thank you.
The road parking that's on the west side of the project or the
south side of the project over here -- and then you can see this dark
curve here, that's the temporary. In the future the egress will come out
over this and it will be done with this expansion of pavement that's
done as part of this second building that's being constructed.
COMMISSIONER HALAS: Why can't we do some of that now
so that we don't have to go back there and do it over a second time?
MR. CASALANGUIDA: Well, you wouldn't be doing anything
over a second time at the entrance. The only thing you'd be
eliminating is this little piece of pavement and fixing that.
COMMISSIONER HALAS: Well, that's the problem right now
with getting -- I believe getting out of the park with a pickup and truck
and a trailer.
MR. CASALANGUIDA: So you're asking for them to do the
extended pavement and taking it farther back?
COMMISSIONER HALAS: Exactly. Get it done -- if we're
going to do it, do it right the first time.
MR. CASALANGUIDA: I'd have to ask the applicant, but I
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January 27,2009
think it would require, you know, much more -- or modifying the SDP
that you have right now.
MR. YOV ANOVICH: Not enough room to build the second
tower.
MR. CASALANGUIDA: That's right. If -- we discussed this in
the past as well, too. Once you put in that pavement over there,
you've going to encroach in the area to build the second tower. That's
why it was phased appropriately.
COMMISSIONER HALAS: It seems to me this is going to
make it difficult for the public to exit out of the park with a pickup
truck and a boat when you look at the radius of this turn.
MR. CASALANGUIDA: That's a picture that I asked staff to
take yesterday, also had the engineer of record to do an auto-turn
analysis with a vehicle in tow. Because the pavement's wide enough
to accommodate almost two vehicles wide and it's only an egress, you
can make that turn right now with a trailer in tow. It's not ideal, but it
does fit.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: Okay. We have one speaker.
MS. FILSON: Yes, ma'am, Doug Fee.
MR. FEE: Good afternoon. For the record, my name is Doug
Fee, and thank you for the opportunity to speak today.
I would agree with what is in the executive summary. It is a very
nice project. There are a few things in the PUD approval that I want
to make sure that we get, as Mr. Halas has talked about.
In a letter on August 9,2007, to RW A, who is the petitioner's
agent, there's a stipulation that Stan Chrzanowski put into the record,
into the permit, and the stipulation says, the temporary construction
access, currently an existing driveway may be used until such time as
crane-based construction is completed on building one.
Upon dissembling of the crane, the temporary access must be
closed and the planned access at the intersection of Wiggins Pass and
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January 27, 2009
Vanderbilt Drive must be employed.
That, to me, is the key here. Right now we have an entrance to
the north that's been used obviously with the marina and then for the
construction of that first tower. There are no turn lanes -- well, let me
back up.
There is a turn lane going into the project, but there's no turn lane
as you're driving south on Vanderbilt Drive to pull into that. So I want
to make sure with this agreement that, in fact, they will close that and
employ the intersection as the project entrance.
I want to put on a visualizer -- on the visualizer a picture -- and
you'll notice a little car there at the very bottom of -- middle of the
picture, and then also a guardhouse. And I want to point out the
driveway -- that you circle around the fountain, and then you have a
driveway that comes out, and that would come out at Wiggins Pass
Road.
Right now, today, that driveway has not been built internal to the
project, and I believe that they need to build that driveway and have it
come out to the light, of which then they would close the access point
to the north, okay.
The only other thing that I wanted to point out is in the executive
summary, there's a sentence at the bottom of the first page basically
stating that the developer would seek approval in the future to open up
that northern entrance.
And when they go to build the second tower, they would seek
approval, and my question would only be, how could they seek that?
Would that be in the form of a PUD amendment? How would the
public, the traveling public, be aware of this? Would this be an
administrative approval?
And the reason why I ask that is, I would have some concerns
with the safety using that northern entrance with the unit owners that
are CO'd.
Thank you very much.
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January 27, 2009
CHAIRMAN FIALA: Thank you.
Do you have an answer to that, Nick?
MR. CASALANGUIDA: I've worked with Mr. Fee on this, and
we put that language in hopefully to alleviate his concerns.
We do maintenance at traffic driveway connections all the time.
If someone comes in for a couple days, they need to get an access
point. They can get a temporary access point. Because this was
controversial I said to him, I'll make sure that we bring it as an agenda
item to the board.
If they come in with a set of construction plans for the second
tower and it's shown that by staging that second tower that they can't
physically use the existing driveway, it's hazardous, we will bring that
item to the board for review and consideration that they could get a
temporary access point.
To address his first question, they are going to build that
connection road as part of this. That's one of the things I stopped and
asked them to do and they've agreed to. So when they're done, they're
going to close the northern driveway, have full access to the signal,
access and egress; and if in the future, whether it's a year or two years
from now and they want to build the second tower and can prove to us
and you, the board, that they need a temporary driveway for safety
reasons, we'll review that at that time.
CHAIRMAN FIALA: Does that work with the commissioner of
that district?
COMMISSIONER HALAS: Yep. Yes, it will.
CHAIRMAN FIALA: Okay. Very good.
Commissioner Henning?
COMMISSIONER HENNING: Just a question for Mr.
Klatzkow. We do have -- is it $250,000 escrow for this agreement?
MR. KLATZKOW: Yeah, I believe we do. I mean, I haven't
seen the money.
COMMISSIONER HENNING: Is this the proper forum to
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January 27, 2009
amend an agreement, or do we have to bring back an amended
agreement to -- if the motion passes?
MR. KLATZKOW: No, I think we're okay.
COMMISSIONER COLETTA: We're going to change -- amend
the agreement and have the chairperson sign it?
MR. KLATZKOW: Yeah.
COMMISSIONER HENNING: As directed by the board.
MR. KLA TZKOW: Yes.
COMMISSIONER COLETTA: Okay, thank you.
CHAIRMAN FIALA: Okay. I have a motion on the floor by
Commissioner Coyle to approve, a second by Commissioner Halas.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: That is a 5-0, thank you.
Item #10H
REDIRECTION OF A PORTION OF FY 09 BUDGETED
TOURIST TAX FUNDS FROM OFF-SEASON TO IN-SEASON
ADVERTISING AND PROMOTION UP TO $200,000 -
APPROVED
MR. MUDD: Commissioner, our next item is number 10H, and
that's a recommendation that the Board of County Commissioners
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January 27, 2009
approve the redirection of a portion of the FY -'09 budgeted tourist tax
funds from off-season to in-season advertising and promotion up to
$200,000.
Mr. Jack Wert, your tourism director, will present.
This was an item that was brought up by the board at your
workshop, and Commissioner Coyle was outspoken on this particular
item. The outstanding item that you have, it was completely briefed to
the board by Mr. Wert at the time of the thing. What he didn't have
was the TDC input, okay, to the particular recommendations.
So Mr. Wert, if you could please tell the board what the TDC
decided yesterday on this particular mission.
MR. WERT: Thank you, Mr. Mudd.
And good afternoon, Commissioners. Jack Wert, your Tourism
Director, for the record.
Yesterday, we did review the moving of funds from the spring
and summer campaign into the first quarter primarily directed at our
northeast and Midwest markets, which are our number one and
number two feeder markets at this time of year. That was unanimously
recommended by the Tourist Development Council for your
consideration today.
I do have a PowerPoint presentation that I can go over that
reviews what we would do, or I can simply answer questions. The
materials that we provided you, I think, gives you that detail.
COMMISSIONER HALAS: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. I have a motion on the floor by
Commissioner Halas and a second by Commissioner Coyle to
approve.
And I would just suggest to you, on the second to the last line of
the first page of the executive summary where is says Paradise, priced
perfect, you really --
MR. WERT: Perfectly, yes.
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January 27,2009
CHAIRMAN FIALA: -- change that to perfectly.
MR. WERT: That is correct.
CHAIRMAN FIALA: Great, thank you.
Any further comments?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thank you very much.
MR. WERT: Thank you, Commissioners.
Item #101
REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS
PROVIDE DIRECTION WITH RESPECT TO WHETHER THE
COUNTY SHOULD CLOSE ON THE PEPPER RANCH
TRANSACTION, IN LIGHT OF THE PROPOSED EASEMENT
THROUGH THE PEPPER RANCH AND WHETHER THE
COUNTY SHOULD REDUCE THE PURCHASE PRICE TO
REFLECT THE BOND CARRYING COSTS AND THE
REDUCTION IN VALUE TO THE PEPPER RANCH DUE TO
THE ACCESS - MOTION TO PROCEED W /STIPULA TIONS -
APPROVED
MR. MUDD: Commissioner, that brings us to our next item,
which is 101. That was a walk-on item at staffs request. And there
was some time sensitivity to this particular item, and it was because
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January 27, 2009
there was a mitigation session that transpired Thursday of last week in
which the County Attorney and staff were present for the majority of
that particular mitigation.
We thought it prudent to bring what we heard as results of that
mitigation talks to the board's attention to determine if we should go
forward with the procurement of this particular item.
Add-on Item 101, request that the Board of County
Commissioners provide direction with respect to whether the board
should close on the Pepper Ranch transaction in light of proposed
easement to the Pepper Ranch and whether the county should reduce
the purchase price to reflect the bond-carrying cost and the reduction
in value to the Pepper Ranch due to the access.
This item was an add-on and walked on at staffs request, and
Mrs. Alex Sulecki will present.
MS. SULECKI: Good afternoon, again.
As you recall, we were here before you on January 12th in regard
to a claim of easement made on the Pepper Ranch. And since that
time, you had sent us away to see if there could be a resolution to it to
come back within two weeks.
Your election -- there were some options presented to you at the
time of how it could be resolved. These are in your executive
summary as one, two, three, and four. And you elected to pursue
option three, making sure that any easement didn't diminish the
county's ability to obtain the maximum panther habitat units otherwise
available from U.S. Fish and Wildlife.
You asked them to address -- or us to address a reimbursement of
the county carrying costs for the transaction, and we were to conduct
negotiations to return in two weeks, and here we are.
Since then, on January 22nd, the Barron Collier Company and
Lake Trafford Ranch folks participate -- and the county participated in
a mediation. That was at no cost to the county. And as a result to the
mediation, there was an easement proposed that meets the board's
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January 27,2009
requirements with the exception of a reduction in the purchase price
for the access easement.
There were a couple other issues that came up. The access, of
course, was limited in the easement. There was an issue regarding the
size of the easement, and I'm not sure if that has been resolved. And
that issue, it was in regard to -- the easement as proposed was 30 feet
wide through the whole length of the easement. This is about
two-and-a-half miles. This is about a mile and a quarter. There's
currently a -- an easement -- oh, I'm sorry.
You can't see what I'm seeing.
MR. MUDD: Okay. We can make that happen. There you go.
MS. SULECKI: Thank you.
Okay. This is the two-and-a-halfmile portion. It's already
30-feet wide. It's the easement that the oil company people use to
access the wells, and then the -- it branches off, and this is a 15-foot
wide tract, as you see down here, and I guess there was some
discussion about whether it should be 15 feet or 30 feet or how that
should go, and that went to valuation as well.
There was also some discussion -- excuse me -- discussion about
costs for the loss, potential loss, ofPHU's ifthere is an actual road
easement through the conservation easement that U.S. Fish and
Wildlife grants, and we did have some discussions with U.S. Fish and
Wildlife. Basically they told us that, as proposed -- and they saw a
copy of the easement -- that they don't think it will -- it would do little
to diminish the value for panthers, but when questioned on little, how
much little actually meant, they actually weren't willing to give us a
firm answer on that until they sawall the documents in front of them.
And then there was the question of carrying costs. So those were
the issues that were discussed. I don't have the answers to all of them.
I would be happy to turn it over to however you would like to get
those answers.
CHAIRMAN FIALA: Commissioner Coletta?
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January 27,2009
COMMISSIONER COLETTA: Well, I think you're getting
close to it. In other words, we know that we have a diminished value
to the land because of the access, from what you're telling me. We
don't --
MS. SULECKI: Possibly.
COMMISSIONER COLETTA: Possibly. Also, too, isn't there a
couple of other alternatives that everyone's exploring on this to be able
to do away with the easement?
MS. SULECKI: That's possible, too, but I would have to defer to
those parties because I'm not -- I don't know how --
COMMISSIONER COLETTA: Could we do that at this time,
Chair?
CHAIRMAN FIALA: Sure, sure. You have one speaker. Is that
the --
MS. FILSON: Yes, ma'am.
CHAIRMAN FIALA: -- party?
MS. FILSON: Amber Crooks.
CHAIRMAN FIALA: Oh, okay. No, we'll hold for Amber until
we hear from -- should we hear from Tom Taylor?
COMMISSIONER COLETTA: Well, Tom Taylor or his
representative or --
CHAIRMAN FIALA: Clark Gable?
COMMISSIONER COLETTA: -- Collier Company, possibly
both of them at the same time.
CHAIRMAN FIALA: Oh, okay. Richard Grant.
MR. MUDD: Just to be said for the record, one of the issues at
the last meeting -- and it wasn't specifically that -- Alex laid out what's
highlighted in yellow on the map.
One of the things that we left from the last meeting, it was -- it
was undetermined at the time if this access was only going to be used
for the present agricultural ranching activities that are transpiring on
the Collier piece that's below the red line border at the -- on your slide
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at the bottom.
And I believe during the mediation, that particular issue was
resolved. And the easement in yellow is for the land in its present
purposes, i.e., agricultural and ranching only and that it would also be
unimproved -- it'd basically be access as it exists today in the
particular process.
So that particular issue, I believe, has been at least clarified from
the last board meeting, and that needs to be added.
MR. GRANT: Commissioners, I'm Dick Grant, counsel for Lake
Trafford Ranch. With me is Christy Wilson, who's one of my
colleagues in this matter also.
We participated in the nine-hour mediation on Thursday which,
like most mediations, sometimes gets long and tedious, but everybody
approached it in good faith, and I think the outcome is good from
everybody's point of view.
The County Manager is absolutely correct. The easement that is
being proposed, there's a copy of it in your packet, I believe, limits --
and I'll allow the County Attorney to step in anytime if they want to
correct me.
COMMISSIONER COLETTA: I'm sorry to interrupt.
MR. GRANT: Yeah.
COMMISSIONER COLETTA: Chairman Fiala, would it be
possible to have Collier up at the other podium so that if we have any
discussion that needs to take place, we can do it.
CHAIRMAN FIALA: Sure.
MR. GRANT: Sure, good.
CHAIRMAN FIALA: Thank you.
MR. GRANT: Anyway, the easement limits what the use can be
made of it to the current uses that currently exist, which are cattle
grazing, cattle ranching, or things comparable to that, but I think the
key words in it are that we'll add no additional burden or additional
usage to the easement.
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January 27,2009
And it was certainly our understanding in that discussion on
Thursday that, in terms of the staff participation, that they believe that
concept was an acceptable concept from the county's point of view.
The road is certainly used for other purposes and presumably will
be used by the county for its own internal land management purposes
anyways, so it's not entirely a case of an easement being placed on this
property for that kind of use that may have been made of it in the past
and that would continue being the only use that's going to be used
anyway. And so I think -- I don't know if that answers the question.
COMMISSIONER COLETTA: Well, it does. Would you go on
to the other alternatives to the easement that exist today?
MR. GRANT: Well, the other -- the other alternatives are -- and
I'll let the Barron Collier Investments folks speak to that -- is, I believe
they're prepared to make their Big Hammock property available to the
county under Conservation Collier. But I'd defer to Andy Solis, their
attorney.
MR. SOLIS: Good afternoon, Andrew Solis with Cohen and
Grigsby on behalf of Barron Collier Investments.
As part of the discussions at the mediation and part of the
agreement, we will be making an application to the Conservation
program to sell the property -- the Big Hammock property is what
we've called it -- through the Conservation Collier Program.
COMMISSIONER COLETTA: At the appraised values that is
standard for Conservation Collier.
MR. SOLIS: Correct. The usual procedure through the program,
correct.
COMMISSIONER COLETTA: And how many acres is that?
MR. SOLIS: It's approximately 235.
COMMISSIONER COLETTA: Okay. And if you did that, you
would no longer need an easement; is that what -- is that your total
property?
MR. SOLIS: Correct. If it was sold, correct.
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January 27,2009
COMMISSIONER COLETTA: Yes, okay.
MR. SOLIS: And actually -- and part of, I guess, the application
will be that -- what we've called Big Hammock, if you can look at the
diagram, is the uplands piece there. There are other lands there, but
what would be, I believe, sold or at least the application would be
made out for would be the 240 piece. There are other lands to the
south, but they are mainly wetlands.
COMMISSIONER COLETTA: Okay. And so the situation with
the finalizing of a deal of this sort, there's the unknown factor, I guess,
that exists out there, is exactly what happens to the panther credits.
If! understand correctly, if the easement goes away because we
purchased the land or if access is gained -- and I understand you've
been in communication with the principals from Trafford Oaks Road
-- that if you can gain access to that, that would also make the
easement through the Pepper Ranch property go away?
MR. GRANT: That's correct.
COMMISSIONER COLETTA: But in the meantime, the
unknown factor is, if none of the above happened, there's a
diminishing effect upon the value of the land for panther mitigation,
an unknown amount. I mean, no one could pin anybody down.
So I guess that would be the big obstacle at this point in time is --
of course, nothing could be finalized until we know all the particulars.
But in lieu of the fact that you might not be able to purchase through
Conservation Collier the Collier property, in lieu of the fact you might
not be able to have access to Trafford Oak Road if that property isn't
purchased, then we have to deal with the easement that does exist that
goes back there and the parts of it and the impact that it would have
upon the value of the panther credits.
Is your client willing to do anything to put us in a position that
will hold us where we are at this point in time knowing what the value
of the property is versus the panther credits?
MR. GRANT: Well, I can't answer the question because the
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subject of concern over panther mitigation units being reduced really
didn't arise in the discussion on Thursday.
I understood late yesterday afternoon from a conversation with a
member of the County Attorney's Office that -- I know there had been
discussions with Fish and Wildlife about it. I just don't know the
particulars.
And it's certainly been our impression from what we'd
understood that the Fish and Wildlife Service had indicated that
having roads of this sort and uses of this sort is not an uncommon
circumstance with property over which conservation easements are
impressed, and -- but I understand, refer to the discussion, and tried to
push it down to, what does that mean. Perhaps the county wasn't able
to get a definitive answer.
But I don't have an answer to the question, Commissioner,
because it's not something --
COMMISSIONER COLETTA: Let's deal with what we do
know.
MR. GRANT: Yeah.
COMMISSIONER COLETTA: We do know that we need a lot
more answers to be able to proceed. We have to have something in
the way of written document that shows the county the advantage to
go forward.
Mr. Klatzkow, would you please comment on this? And maybe
you can give us some idea of the most logical direction to go.
MR. KLA TZKOW: You've got two alternatives. You can put
this in a hold until you get a determination by the states as to the
panther issue. That could take a long time.
COMMISSIONER COLETTA: But that could be resolved
before that if -- access to Trafford Oaks Road or if we can get it into
Collier Conservation for consideration.
MR. KLATZKOW: I think Trafford Oaks Road is going to take
a long time because there are multiple property owners to be involved
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there.
MR. GRANT: That won't be done quickly.
MR. KLATZKOW: And I think the -- acquiring the other
property for Conservation Collier will take a minimum of four
months. So it's a time -- if you want certainty and hold this off, it's a
relatively long period of time to get that.
The other alternative is to open up an escrow account and a
certain amount of money, whatever it is, say a million dollars, and if
it's determined that there has been a diminution of panther, you take it
out of that. And if it is determined that there has been no loss,
whether -- because of the nature of the easement or because we're
acquiring the property to the south, then the million dollars would go
to the property owner. But you would retain some amount of money
to hold in escrow just in case it became an issue.
COMMISSIONER COLETTA: Well, what about the interest
factor, that we're paying interest on the money that we have? How
does this work into it? And this is my last question.
MR. KLATZKOW: If you buy this property, you would have
had to pay the interest anyway. It doesn't matter if you bought the
property two weeks ago or two months ago. We're still paying that
interest. The only time that interest becomes a problem is if the deal
doesn't go through. Now we're paying money on a loan that we didn't
need.
COMMISSIONER COLETTA: Okay. I'm sure my fellow
commissioners have numerous questions. I hope that we can proceed
on this in an orderly fashion to protect the best interests ofthe public.
MR. GRANT: Could I make a comment, Commissioner?
CHAIRMAN FIALA: Yes.
MR. GRANT: Would that be appropriate? I don't know that we
know for sure, and I don't think I heard the county staff say that this
easement is a definite problem with regard to PHU's. I understand it's
an unknown factor.
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But I think -- it seems to me the issue really ought to be not
whether there is a formal easement or not but the nature of the use that
is being made and will be made and has been made. It seems to me
that's what the real concern is, and perhaps the staff can focus that
down for you just a little bit.
CHAIRMAN FIALA: Okay, Mr. Grant. We have
Commissioner Coyle waiting to ask some questions.
COMMISSIONER COYLE: Okay. Thank you, Madam Chair.
Well, Mr. Grant's absolutely right. The thing that interrupted our
closing is the access issue, so let's see if we can't dispose of the access
issue.
I have some questions concerning the agreement. I'd like to refer
to Page 1 of the access easement agreement, Paragraph 1 starting in
the middle of the page, last sentence there.
The servient estate of state, that is the grantor, retains and shall
have the right to use the servient estate in any and all ways that are not
inconsistent with and do not unreasonably interfere with the easement.
Now, before we've clearly specified what the uses are. It bothers
me that we now have complicated the determination by putting in
some subjective qualifications that require us to determine and define
what is not inconsistent and what is not unreasonable interference.
MR. GRANT: Yes. Commissioner, if the county were to close
with this, the county becomes the grantor.
COMMISSIONER COYLE: Okay.
MR. GRANT: The county becomes the landowner, so you're in
complete control of what things you choose to use the road for or not.
COMMISSIONER COYLE: Ah, okay. Then I've misinterpreted
the question.
MR. GRANT: No. You're correct to raise the question, but you
have to read this in terms of whomever is the landowner at the time,
which would become the county. Honestly, that gives you some
wiggle room there that you want to ensure that as the landowner
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January 27, 2009
you're not giving someone an exclusive right to use this road. You're
able to use it for your own purposes.
The noninterference language is designed to ensure the recipient
of the easement that you won't do something contrary to what you've
allowed them to do, if that answers your question.
COMMISSIONER COYLE: I guess I'm a little confused now.
MR. GRANT: Okay. I'm sorry.
COMMISSIONER COYLE: This is an access easement. Are
you suggesting that it is an access easement between the county and
Barron Collier Investments?
MR. GRANT: No. It's an access easement being granted by
Lake Trafford Ranch to Barron Collier Investments --
COMMISSIONER COYLE: Okay.
MR. GRANT: -- which, if the county finds it acceptable and
closes on the purchase --
COMMISSIONER COYLE: We become the grantor.
MR. GRANT: -- the county will take subject to it. You step into
that position.
COMMISSIONER COYLE: Okay.
MR. GRANT: We could change the word and the terminology
to call it the landowner if that would make it more clear.
COMMISSIONER COYLE: No, I understand, as long as I know
who the grantor is.
MR. GRANT: The grantor becomes you.
COMMISSIONER COYLE: Okay.
MR. GRANT: You step into that. The County Attorney's going
to correct me if --
COMMISSIONER COYLE: So -- but the basic agreement is
going to be signed between --
MR. GRANT: Yes, sir.
COMMISSIONER COYLE: -- Lake Trafford Properties and
Barron Collier Investments.
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MR. GRANT: Right.
COMMISSIONER COYLE: And then we step into the shoes of
the grantor if we purchase that.
MR. GRANT: Exactly, exactly, exactly.
COMMISSIONER COYLE: Okay. Now, let's go to Paragraph
2, second sentence says a parenthetical phrase there that clearly wasn't
intended to be included in this agreement.
MR. GRANT: That's a glitch.
COMMISSIONER COYLE: Oh, I understand. I see. I see
whose fault it is.
MR. GRANT: No, I don't know whose fault it is, but --
MS. BELPEDIO: It's mine. I'm sorry.
MR. GRANT: -- it's a glitch. We noticed that over the weekend.
COMMISSIONER COYLE: Okay. So -- well, what about
general care of cattle breeding and -- or dairy? Since we've brought it
up, what about it?
MR. SOLIS: Commissioner, I think what's intended there is just
the normal operation of running cattle and grazing cattle on the land.
COMMISSIONER COYLE: There's a difference really between
grazing cattle on land and running a dairy operation.
MR. SOLIS: Correct. I'm not aware of any intention of ever
having a dairy operation on the land.
COMMISSIONER COYLE: Can we eliminate that possibility?
MR. SOLIS: Yes.
COMMISSIONER COYLE: And I'm certainly not going to
interfere if the cattle want to breed, but the dairy operation pushes it a
little too far, okay?
MR. SOLIS: Correct. I think that was a question maybe by staff,
we're not sure. But the uses that are listed in the access easement are
specifically limited to grazing, cattle ranching. Dairy farming would
not be one of them. So we'd be glad to resolve that.
COMMISSIONER COYLE: If we could make that stipulation
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there. And the other thing is, does it make any difference to you
whether there is a 15-foot-wide easement or a 30-foot-wide easement?
MR. SOLIS: No.
COMMISSIONER COYLE: So if we granted a 15-foot-wide
easement, that would meet your needs, right?
MR. SOLIS: Correct.
COMMISSIONER COYLE: Okay. Then, Commissioners, I
would -- I would suggest that if the access easement itself is
acceptable to the board, that we consider it to be 15 feet wide so that
we minimize the width of the easement, and then we go on to the next
decision-making step which is, how do we best protect the county
from an adverse impact on the panther mitigation credits? Now, we
can do that by putting money in escrow.
Is that a problem for your client?
MR. GRANT: Yeah, I think it is.
COMMISSIONER COYLE: Okay. Now, can anybody give me
any comfort level concerning what Fish and Wildlife is going to say?
Because the panther mitigation credits are a big part of this
decision-making process, and we're going to need to have some way
of protecting the county's interests ifthere is a substantial impact on
the panther mitigation credits.
MS. HENNIG: For the record, Melissa Hennig, principal
environmental specialist with Conservation Collier.
Unfortunately there is no good answer. We've requested several
times from U.S. Fish and Wildlife Service to indicate what sort of
possible diminished PHU value there might be, and they -- honestly,
they cannot give us a good answer until they have a Habitat
Management Plan in front of them, including any easements, they
have a site visit and any restoration plans that we will not be able to do
until we own the property.
But just so you know, I was talking -- speaking to a member of
the transportation department who also deals with PHU's. What I
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figured out on the map here -- you can see the hashed lines. That is
the SSA area portion, which we will not be getting PHU's from.
So what I did in an attempt to figure out just -- just what U.S.
Fish and Wildlife might take away from the PHU's, just comparing it
to what I experience with with Starnes. The amount of PHU' s in the
area south of -- the easement south of where it branches off to the oil
wells. So if you look just to the southern part of the road, which is,
we've decided -- 15 --
MR. MUDD: Is this what you're talking about?
MS. HENNIG: Yes, actually --
COMMISSIONER COYLE: Look up higher than that.
MS. HENNIG: This and this. So I did not include the section
that is part of the SSA. That road being 15 feet wide, I believe -- it
was either 15 foot or 30 foot, I apologize -- when I did the
calculations, came up to approximately 10 PHU's, assuming that the
pasture land will have a diminished value. As we heard from U.S.
Fish and Wildlife Service, it's not seven. It's probably more about
three. That's about 10 PHU's just for the road. So we are looking at
$15,000 on the open market for that road.
The question that we have and that I honestly cannot answer, are
they going to deduct PHU's from the surrounding land because that
road is going to interfere with activities? All I can tell you is they
didn't do that at Starnes. So that's all I have to go on.
COMMISSIONER COYLE: Is there any motivation for Fish
and Wildlife Service --
MS. HENNIG: I'm sorry.
COMMISSIONER COYLE: Is there any motivation in your
opinion for the Fish and Wildlife Service to use this as an excuse to
reduce the PHU credits?
MS. HENNIG: No, not in my dealings with them. I think they're
just -- they're just hesitant to give an answer in lieu of other things that
-- in the past that have happened where they've given a definitive
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answer, people invest and do different things, and then it might change
in the future.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: I guess -- yeah, my final comment
is, it's a risk and there's no way that we can quantify the risk, which
means, generally, I wouldn't proceed with the purchase of the property
with that -- without quantifying that risk; however, there are some
other mitigating factors and -- so I'm not going to take a hard stand on
that position at this point in time.
But it is a risk, and if we are doing our job responsibly, we will
try to minimize that risk to the extent possible.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. I think we came to a
conclusion that we're looking at just a 15- foot easement, and I think
staff came up with a value of that easement as about $168,750. Who's
going to pay that portion?
COMMISSIONER COYLE: Not me.
MR. GRANT: I have no ability to agree to that, Commissioner.
MS. HENNIG: You mean appraised value?
COMMISSIONER HALAS: Appraised value ofthat easement.
MR. GRANT: Well, I think one can probably question whether
that's correct or not. I understand the numbers and I've seen it. I'm
not sure if that enters into the question that we've been talking about
with regard to PHU credits. That's a different --
COMMISSIONER HALAS: Well, yeah. It's just one part of the
equation. Right now we don't know if -- what the impact is going to
be for panther mitigation units, credits, and so that's one aspect of it.
The other one is, now that we've discussed -- brought forth the
idea that there is going to be an easement through this property and we
don't know whether that easement's going to be there forever or
whether it's just a temporary easement until such time as -- if the other
piece of property that's attached to this is brought forth to the Board of
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County Commissioners as part of the Conservation Collier.
So if we're looking at this thing, we've got two things going here.
We've got panther habitat credits, and then we also have this
easement, and the valuation of the easement, there's two values, I
believe, and one was about 225,000.
So I guess where I'm coming from, is that going to be taken off
the price of the property, or is that going to be paid by Collier?
MR. GRANT: Commissioner, I think what has been
recommended to you, as I understand it, is that the commission
consider proceeding with the transaction accepting the limited purpose
easement that is being proposed. And I say that with all respect only
because we all spent Thursday discussing this with the benefit of a
very skilled, capable mediator and obviously reached some
resolutions, and the subject of compensation and adjustment did not
come up.
Now, in fairness, I understand the county representatives there
are not the five of you sitting here and can't bind you, and they made
that clear and we all understood that. So I'm not faulting anyone other
than to say that it wasn't raised as something that needed to be
addressed, and so it wasn't addressed.
And I think we all felt that you were going to be receiving this
recommendation. I suppose you can look at it, if you want to, as the
county accepting some part of an overall compromise here if the
county were willing to accept this limited use easement.
COMMISSIONER HALAS: Well, what's really transpired in
this whole operation, this whole deal in regards to purchasing this
property is that we went through an exercise here where we tried to
come up with what we thought was a fair market value for the piece of
property.
At that point in time, there was no discussion about an easement.
MR. GRANT: Right.
COMMISSIONER HALAS: And then at the last hour of the
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January 27, 2009
negotiations and getting this thing all wrapped up, then all of a sudden
this issue of an easement came into being where we really don't have
any control over this easement because the other property owner that's
adjacent to this wants access through his land.
MR. GRANT: Right.
COMMISSIONER HALAS: So that's posed a problem of, has it
diminished the real value of the property? And then staff comes up
with these two figures, one for 30 feet and one for 15 feet.
MR. GRANT: Right.
COMMISSIONER HALAS: Now, this had to come up into the
discussion when you were going through the mediation.
MR. GRANT: Well, honestly it didn't come up, and I don't
believe any of us heard those figures at the time of that --
COMMISSIONER HALAS: Well, then maybe the County
Attorney or somebody from staff, whoever --
MR. KLATZKOW: Well, I could be very blunt about this. The
first time that I met right after Christmas I said, if there's going to be
an easement, then the value's going to have to be diminished for the
property .
Now, I don't know what that value is. But, you know, we were
buying a certain property, we're getting slightly less ifthere is an
easement. There's going to have to be an "in combination". Now,
whether the appraised value is the right value, I don't know. But to
say that the issue never popped up, that's not so.
COMMISSIONER HALAS: Well, my concern is in the
discussions you had with my fellow Commissioner Coyle here in
talking about the possibility of putting some money into escrow to get
a study done with -- in regards to the panther habitat credits with and
without the easement -- we're trying to figure out how much it's
diminished that possibility.
And so -- we also got the idea here that if that impacts us and you
can't put the money in escrow, then there's got to be some type of a
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compromise.
MR. GRANT: Commissioner, I understand -- believe me. I
think there's nothing that my client would love to do more than resolve
this today, as would you.
COMMISSIONER HALAS: Yeah.
MR. GRANT: So I'm totally with you, okay. I simply said, I
don't have any authority. We've not been asked to consider a specific
-- I'm honestly hearing two things from you all now. One is the
panther mitigation credit concern, which is unknown, and the other is
the potential reduction in value, which is an identifiable known.
Maybe we can all question what number that is, but we all understand
that concept.
So I'm hearing two things, and I don't know whether -- I think
what I need to do, frankly, is we're going to have to step out in the hall
and have a good discussion because it's not been --
COMMISSIONER HALAS: Well, maybe the chair would--
MR. GRANT: And I think we would need to know what it is
that we're being asked to do, and I can't promise -- yeah?
COMMISSIONER HALAS: Maybe the chair could take a
ten-minute break.
MR. GRANT: Sure.
COMMISSIONER HALAS: Let's take a ten-minute break.
MR. GRANT: Can I have my co-counsel say something?
CHAIRMAN FIALA: After Commissioner Henning.
MR. WILSON: May I just -- my name is Christy Wilson with
the firm of Wilson, Garber & Small. We've been brought in recently
as special counsel in this case.
And responding, Commissioner Halas, to you and your concern,
which is a legitimate concern, my clients do not -- they're not standing
here trying to be unreasonable; but from their perspective, we had a
deal back last year, and we have come off the deal that we had by
$675,000.
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January 27, 2009
I understand there's give and take, but -- and we had certain
expectations, including closing before the end of the year, that were
part and parcel of our decision to make that reduction in the price of
the property.
Now, I understand that these issues have come up regarding
access and other things that we didn't know about, but your staff, as I
understand it, has appraised the burden of this access on the property
at 90 percent.
You need to understand that this dirt track-way will be used not
only by the cow people, but it will also be used by -- and if I'm wrong
on the 90 percent, I'm wrong. But this will also be used by you and is
an important thing.
I understand that there's a desire on the part of the Conservancy
to maybe make some uses, or the county, to make some uses of the
property to the south that would require public access through here.
CHAIRMAN FIALA: Chris, you aren't a registered lobbyist, are
you?
MR. WILSON: No, I am not.
CHAIRMAN FIALA: Okay.
MR. WILSON: I'm here as counsel for -- I'm an attorney with
offices in Orlando, Florida.
COMMISSIONER HENNING: Well, he has to be a lobbyist.
MR. WILSON: No, I am not -- I have not asked to be a lobbyist.
COMMISSIONER HENNING: Are you getting paid for being
here?
MR. WILSON: I'm here trying to resolve the matter for my
clients as their attorney. I am not here as a lobbyist.
CHAIRMAN FIALA: So you need to register upstairs when
we're finished here, please.
MR. WILSON: I'll be happy to do that.
CHAIRMAN FIALA: Okay, thank you. I think it's $25 or
something like that. Okay, fine.
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January 27,2009
COMMISSIONER HENNING: It's a thousand dollars if you're
late.
COMMISSIONER COYLE: It's $186,000.
CHAIRMAN FIALA: Okay. And Commissioner Henning. And
then -- and then we'll give them that break that Commissioner Halas
suggested after Commissioner Henning.
COMMISSIONER HENNING: Yeah, then the County Manager
wants to say something.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: The conservation lands are the
only lands in Collier County that are going up. What a deal.
I think -- the only thing that we need to do is give our staff
direction. What they do is what they do. And what I've heard is
interest money that we're paying on the note, I've heard escrow money
for the cost of potential loss ofPHU's, and I've heard a cost of --lots
of the property of easement.
We don't have to take a break. We can make a decision, give
staff guidance, and if it doesn't happen per our guidance, there's no
deal. That's my opinion.
I don't -- they work it out, that's as far as I'm concerned. We
don't need to hear how they work it out. We just need to give
direction.
CHAIRMAN FIALA: Okay. So -- now we have a speaker on --
waiting, and then think about how you would form a motion.
COMMISSIONER HENNING: Well, I'm not -- I'm not in favor
of this property anyways. I think we paid way too much money for it,
so I'm not going to make a motion. I'm just giving recommendations
to the -- my colleagues.
CHAIRMAN FIALA: Okay. Yes, Mr. Mudd.
MR. MUDD: Commissioners, if! may, before they go outside
and waste time -- because right now they're kind of dealing with, you
know, kind of the movie Flubber, you know. I feel like I've got that
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January 27,2009
ball and it's moving around.
You've decided the easement sits there. You need to tell -- you
need to tell us, first, this point right here to this point right here, right
now it is a path that's got two ruts down the thing, and it's 15-foot.
From this point right here all the way over to here it's 30- foot.
So what you're basically talking about is providing a 15-foot
easement or 30-foot easement, at the board's -- at the board's
discretion and point between this point and this point -- we need to
know that -- because there's a difference in price lost value to the
county based on how wide that easement is.
In your book it says if it's 30-foot, it's worth around 225,000. If
it's 15-foot, it's worth $168,750, number one.
Your County Attorney has told you the loss money interest really
isn't an issue if you're going to buy the property. It only becomes an
issue if you're not going to buy the property.
So if you're going to buy the property it's not an issue. Okay. If
you're not -- you know, if you're not going, then it becomes an issue
and it's a loss value to the taxpayers, and we'll have to pay whatever
penalties are there.
The next issue is -- and you heard Ms. Hennig talk about, we
have to give them a management plan before the Fish and Wildlife --
U.S. Fish and Wildlife Service will tell you panther habitat units. If
we're going to determine if there's any loss to panther habitat units
because of this easement, we have to give them a management plan
and tell -- and ask them when we do our submission to please give us
panther habitat units, the worth of the property with and without that
easement, and that way we'll know.
Now, the only way you can make that sale contingent is to have
money in your escrow in an escrow account that sits there, and that
determination is made.
So my recommendation to the board as these folks go out on
break is that you get some compensation for lost value because of
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January 27,2009
easement, may it be 225,000 or 168-; that you don't worry about the
interest that's lost if you're going to buy the property, and that some
value be put -- some monies be put in the -- in an escrow account that
is there to compensate the taxpayers for any loss of panther hat (sic)
units for the purchase of this property with that easement on it.
And that value needs to be something probably about a quarter of
a million dollars, from what I just heard, and that basically takes it on
the very conservative end as far as the county is concerned.
Now, we heard ten, but I can't tell you if it's just ten. What
happens if it's a hundred, okay? Then it's a different ballgame. That's
why I say about a quarter of a million dollars.
I believe with those particular conditions, those gentlemen can go
out in the hallway and try to get this thing resolved and come back and
see you and/or you could tell staff right now that you want a 15-foot
easement that goes north/south until it runs into the 30-foot easement
that runs east/west, and you can tell the staff that you want to get the
purchase price reduced by $168,750 because of that easement, and
you can tell the staff to tell the sellers that you need to have an escrow
account set up for a quarter of a million dollars to compensate for any
panther habitat units that are lost to the taxpayers and that can get
worked out.
With that, staff can go out there and make this purchase or not
make this purchase based on those conditions.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Mr. Mudd, I see what
you're saying, and it's not unrealistic. But what happens when we -- if
we put this particular deal together and we do go forward with
purchasing 45 days, three months, six months from now, that Collier
piece of property and the easement goes away? Do we refund the
money at that point in time?
MR. MUDD: The board could give us direction to do that, sir,
yes.
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January 27,2009
COMMISSIONER COLETTA: Okay. Just looking for some
certainty in the whole thing.
MR. MUDD: You could tell us to do that, yes.
COMMISSIONER COLETTA: I'm ready for a break.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: I'm willing to make a motion
essentially supporting what the County Manager just described. I
would like to have some discussion later about how you assess the
cost of the easement, but I don't see any reason why that guidance
wouldn't be sufficient to establish the basis for some discussions about
a settlement.
CHAIRMAN FIALA: Should we ask the parties to go out and
discuss this before we --
COMMISSIONER HALAS: Then come back and make a
motion.
CHAIRMAN FIALA: Yes. Okay. We shall do that. We'll take
about a ten-minute break while you go out and discuss this.
MR. GRANT: Thank you.
CHAIRMAN FIALA: Thank you.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, Commissioners, you have a hot mike.
CHAIRMAN FIALA: Thank you very much.
Well, let's see. Commissioner Henning, your light is on. Did
you want to say something?
COMMISSIONER HENNING: Yeah, take it out for reappraisal.
COMMISSIONER COLETTA: No.
CHAIRMAN FIALA: Okay. Commissioner Coletta, this is your
district. Where are we going from here?
COMMISSIONER COLETTA: Well, I'd like to hear back from
Taylor and his group.
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January 27, 2009
COMMISSIONER COYLE: They're not coming back.
CHAIRMAN FIALA: I saw Blake Gable peek in the door and
then quickly disappear.
COMMISSIONER COLETTA: There's Blake Gable.
CHAIRMAN FIALA: Here they come.
MR. MUDD: It's on. Here they come. Look out.
CHAIRMAN FIALA: Who begins here? Dick, is that you?
MR. GRANT: I'll begin, Commissioner.
Here's what we would like to suggest in response to your
concerns.
With regard to the concern over the panther habitat unit
mitigation credits, we're agreeable to escrowing a quarter of a million
dollars pending a determination of that. We would like to suggest that
the county be required to diligently pursue filing the necessary
mitigation plans or whatever you have to do to get those
determinations.
We'll give you a year to do that. Hopefully it won't take a year.
We thought a year was plenty reasonable.
Ifthere isn't any resulting loss ofPHU's, we get the money back.
If there's some resulting loss that comes out of the escrow, we get the
difference back.
With regard to the acquisition cost, we just don't accept the
numbers that we've been given. We think they're high, to be honest
with you. I believe Barron Collier has indicated it is willing to accept
the easement being 15 feet in length, I think, but I think they need to
ask -- or the question whether they mean the entire length -- I think
they do -- not just the southern leg.
And we're willing to escrow $168,000, which I think was one of
the numbers in the analysis for the 15-foot route. And we would like
to propose that instead of just accepting that number, we'll escrow
that. We'd like to have an independent appraisal done of what the
resulting devalue to the land is from a 15-foot easement, that at least
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January 27,2009
on a significant part of this road is on top of other easements that
already exist, because I don't think any of us necessarily think that the
devalue is the same thing when there are multiple easements over the
same property. And whatever that independent appraiser concludes --
and we'll pay for the appraisal.
CHAIRMAN FIALA: Who chooses the appraiser?
MR. GRANT: Well, I think we and the county staff would just
have to agree it's somebody independent. I don't think we're slighting
Mr. Leonard at all, but I think we just would like to have somebody
independent and somebody approaching a point of view of how one
should properly and fairly analyze what the effect of this is,
recognizing its limited purposes. And if it's less than 168, we get the
difference.
If the county were to end up acquiring the Collier Big Hammock
property to the south some day, then we think we should get all the
money back for the easement devalue. So that's what we're proposing.
CHAIRMAN FIALA: And that meets your agreement?
MR. GRANT: Well, I don't think we talked about it, but --
CHAIRMAN FIALA: Okay.
MR. GRANT: -- it doesn't affect them, it affects us.
CHAIRMAN FIALA: Oh, okay, fine.
MR. GRANT: Other than the 15 feet.
MR. SOLIS: My only purpose was to confirm that Barron
Collier Investments is fine with a 15- foot easement all the way to the
east/west leg.
CHAIRMAN FIALA: Okay, very good.
MR. SOLIS: That's acceptable.
CHAIRMAN FIALA: Okay.
Now, Commissioner Halas?
COMMISSIONER HALAS: Yes. I'd just like to say a few
words here. This has been a long, arduous task, and it really wouldn't
have had to have been that way if the parties that were involved in this
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easement, if this was -- would have been brought before us or settled
before we discussed what the sale price of this piece of property was.
So I'm hoping that other people out there who are thinking about
bringing forth lands to Collier County and want us to purchase those
lands, that they be forthright in regards to if there are any easements
that need to be addressed so that we don't run into a situation like this
agam.
I feel bad that we didn't find out about this until the 11 th hour,
the 59th minute where we were almost ready to sign the documents,
and all of a sudden this became a problem, but I think we're to the
point where we can see this thing to fruition.
But again, I would hope that any other parties that are involved
and want to sell land to Conservation Collier County would make sure
that it's clear in regards to this.
MR. GRANT: Commissioner, could I add a comment?
CHAIRMAN FIALA: Could--
MR. GRANT: I'm sorry.
CHAIRMAN FIALA: I know you would love to, but I've still
got a speaker waiting, Commissioner Coletta wants to make a motion,
Commissioner Coyle wants to ask a question or say something.
MS. FILSON: We have a motion.
CHAIRMAN FIALA: Oh. We have the motion already? Was it
seconded?
MR. MUDD: I don't.
CHAIRMAN FIALA: Oh, so it wasn't seconded.
COMMISSIONER COYLE: The motion, I think, was based
upon the expectation that someone would bring back something that
we could agree to, and I would say that it certainly has, as far as I'm
concerned.
I think Mr. Grant's client has essentially done exactly what we
asked him to do, setting up an escrow of a quarter of a million dollars
for the panther habitat units and agreeing to reduce the cost of the
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January 27, 2009
property by the fair assessed value of the easement itself.
The only thing where I would differ would be with the guarantee
of the refund if we purchase the Collier property later on. And I take
that position only because if I were to make an offer to purchase that
property, one of my motivations would be the elimination of the
easement, and that would be factored into the purchase price.
So I'm not sure that I would like to commit myself to refunding
that money. But if we reach agreement on the price, I can't imagine
that will be a substantial stumbling block. So I'd be happy to make the
motion to proceed under those --
COMMISSIONER HALAS: I'll second it.
COMMISSIONER COYLE: -- circumstances.
MR. GRANT: Could I just ask a question, Commissioners? If
you all were to approve this, is that direction to the staff to get this
closed with us without it needing to come back to this commission?
COMMISSIONER COYLE: Quickly, quickly.
MR. GRANT: Okay.
CHAIRMAN FIALA: Okay. Now, we have one speaker, but
our -- Jeff Klatzkow would like to say something.
MR. KLATZKOW: Just to wrap up some very minor issues to
make sure there's no issues coming back to the board.
F or the appraisals, you want an independent appraisal. We have
county-approved appraisals. We can give you a list of those
county-approved appraisals, and you can select one of them; is that
acceptable?
MR. GRANT: I think so, sure.
MR. KLATZKOW: That takes care of that. My understanding,
you've got two appraisals -- two escrows. One's going to be for
$250,000. That will be for the panther.
The county would use its -- in good faith, its best efforts to
comply -- to get the governing bodies to give us whatever that number
is. It might be a year. It might be two years. As long as we're using
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January 27,2009
our best efforts, that escrow's going to have to stay open, because I
don't know how long they're going to take.
MR. GRANT: I understand. Let's just say the year is a good
target and a goal.
MR. KLATZKOW: But as long as the county's proceeding in
good faith, the escrow will remain.
MR. GRANT: I guess I don't know what else to say. I think--
yeah. I mean, I understand you can't control other agencies.
MR. KLATZKOW: Okay. And for the other escrow, for the
168,750, my understanding, if the number comes in less than that,
that's what you get paid.
MR. GRANT: Right.
MR. KLATZKOW: If the number comes in more than that
though, we're limiting ourselves to the 168,750?
MR. GRANT: Yes.
MR. KLATZKOW: Okay. So we're taking the risk on that one.
That's all I have for the housekeeping.
CHAIRMAN FIALA: Okay. And our speaker? I'm sorry,
speaker, but this has been such hot-and-heavy conversation.
MS. FILSON: Amber Brooks -- Crooks.
CHAIRMAN FIALA: And you can just waive if you love this
decision, by the way.
MS. CROOKS: I'll be quick. Very quick.
Amber Crooks representing the Conservancy of Southwest
Florida. We're encouraged to see the parties are able to work together
on this easement. And as you've heard, it seems to meet all of the
intent of the Conservation Collier Land Acquisition Advisory
Committee's recommendations about limiting the use, not paving it,
not having future development or utilities. So we're very happy to
have seen that come forward.
We respectfully request that you direct staff to close on the
contract in a timer matter (sic) to ensure that we are successful in
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acquiring this extraordinary property which is valuable to Collier
County citizens for many reasons, not limited to PHU's, and this
property is the headwaters to the Cocohatchee Slough, aquifer
recharge, and water supply value and will provide outstanding
recreational value. These values are somewhat unquantifiable.
But we do know that the Conservation Collier Committee had
ranked the property at its highest natural resource value, and we
encourage you to support the motion on the floor.
Thanks for letting me speak.
CHAIRMAN FIALA: Thank you.
I'd also like to add how important this is because it's adjacent to
the CREW lands, and so this has been very important to the people --
Corkscrew Regional Ecosystem Watershed to see this coming
through. So I love the motion and the second.
MR. MUDD: I got one --
CHAIRMAN FIALA: Commissioner Coletta, your button's still
on.
COMMISSIONER COLETTA: You're right, it is. I think
Commissioner Coyle and Commissioner Halas covered the motion
and the second quite well.
I do think that we need to recognize the efforts of all parties
concerned and how far they came from zero and to the highest of
pinnacles to be able to reach it, especially I appreciate what Collier
has done, stepping forward to be able to resolve this in a timely
manner, and at their comments -- commissioner comments, I want to
discuss about the possible inclusion of the purchase of the Collier
property for consideration under Conservation Collier.
CHAIRMAN FIALA: Okay. Commissioner -- I mean, Mr.
Mudd, you have your hand up?
MR. MUDD: Yes, ma'am. I need one clarification.
CHAIRMAN FIALA: Okay.
MR. MUDD: Okay. I understand the motion. I understand the
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offering. The offering was that if Conservation Collier, Collier
County, purchase the Collier interests to the southern portion, that
they get the money back, they --
COMMISSIONER COYLE: That was not the motion.
MR. MUDD: They get the money -- see, that's what I--
clarifications.
COMMISSIONER COYLE: Yeah.
MR. MUDD: They get the money for the easement back and any
panther habitat units that would be recovered. I just want to make sure
that that isn't part of the motion or it is.
COMMISSIONER COYLE: No. I think the easement was not--
it was not part of my motion because I said that if we purchased the
remaining Collier property, one of the reasons we would do that is to
eliminate the easement, and that probably would be reflected in the
purchase price.
So rather than refunding it --
MR. MUDD: So the refund would only be for any panther
habitat unit --
COMMISSIONER COYLE: Panther habitat units.
MR. MUDD: -- that would be restored when the easement went
away?
COMMISSIONER COYLE: Yeah, that's correct.
MR. KLATZKOW: And the chair's authorized to sign any
documents in connection with the sale?
COMMISSIONER COYLE: Yeah, I would presume so.
COMMISSIONER COLETTA: Question.
CHAIRMAN FIALA: Yes.
COMMISSIONER COYLE: As long as she clears it with me.
COMMISSIONER COLETTA: Just to make sure I understand
this now. So what you're saying is, is that when we go to -- we
hopefully go to purchase the Collier properties. If we don't purchase
it, then I guess we would refund it. If we do purchase it, the amount
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January 27,2009
of money that we have in escrow for this would be coming off the
appraisal part to lower the cost of that; is that what you're saying?
COMMISSIONER COYLE: No, no. Wouldn't have anything to
do with it.
COMMISSIONER COLETTA: I'm sorry.
COMMISSIONER COYLE: It's an entirely separate transaction,
and the current owner would not get any benefit from that transaction.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Let me explain. We're going to put
money into escrow for the easement, and then we're going to have
hopefully an impartial appraisal of the easement. If -- and we'll come
up with a price. If that price is less than $168,000, the amount in
escrow, the difference will go back to the current owner of the
property. Ifit is over $168,000, we eat the difference, okay.
COMMISSIONER COLETTA: Yeah. That I understand.
COMMISSIONER COYLE: Now, the $225,000 on panther
habitats will remain in escrow until we can get a determination from
Fish and Wildlife Services as to what the possible diminution of the
panther habitat value is. And if it is less than the $225,000, we will
refund a quarter of a million dollars --
MR. GRANT: Two fifty.
COMMISSIONER COYLE: -- $250,000 -- we will refund the
difference, or at least the difference to the current owner of the
property.
COMMISSIONER COLETTA: But go back to the first one.
COMMISSIONER COYLE: Okay.
COMMISSIONER COLETTA: From what I understand, what
you're saying is, when they put it in for the right-of-way, you're saying
that the right-of-way, regardless of what happens, it will affect the
outcome of buying the Collier property?
COMMISSIONER COYLE: No, it won't.
COMMISSIONER COLETTA: Okay. I misunderstood you.
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January 27, 2009
COMMISSIONER COYLE: It won't impact it at all. It's two
entirely different transactions. They were asking -- let me start from
the beginning. They were asking that $168,000 be put in escrow
because that's what we said the right-of-way was worth.
But then we're going to get together and decide what it's really
worth. And if it's worth less than $168,000, we're going to give the
difference back.
COMMISSIONER COLETTA: That -- I understand all that.
COMMISSIONER COYLE: Okay. But now, if it -- let's
suppose it comes in at a hundred thousand dollars, okay, we give them
$68,000 back.
Now, subsequently we decide to purchase the remaining Collier
-- the Collier property south of this property.
COMMISSIONER COLETTA: Or they go by Trafford Oak
Road.
COMMISSIONER COYLE: Or whatever -- well, forget that.
But if we buy the Collier property, we're not going to give them back
the hundred thousand dollars for the right-of-way that they paid us.
COMMISSIONER COLETTA: And that's -- the reason for that
is?
COMMISSIONER COYLE: The reason for that is, if!'m going
to offer the Colliers a price for their property, one of the reasons I'm
doing that is so I can get rid of that easement, so it's going to be
factored into the purchase price probably because the easement is
something of value to the Colliers, okay.
So I'm going to be buying the easement from the Colliers as well
as the property that they have. So why would I give the easement
money back to the original owner?
COMMISSIONER COLETTA: Now that you said it three times,
I understand it.
COMMISSIONER COYLE: Okay, all right.
MR. GRANT: Commissioner?
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January 27, 2009
MR. KLATZKOW: You're also going to be spending more
money for the Collier property now that there's an access point to get
there.
COMMISSIONER COYLE: Yes. Well, we'll hamper the access
some way so they won't be able to get in and out.
MR. GRANT: Could I throw in another condition which is, that
if in the four-year period that Conservation Collier remains during
which the county might acquire the Collier property, if in that time
period we were able to have the Collier easement just go away without
the county acquiring the property, should we not recover the money
then and/or loss of mitigation credits if you get them back?
COMMISSIONER COYLE: I wouldn't have a problem with
that.
MR. GRANT: That would seem reasonable.
COMMISSIONER COYLE: I wouldn't have a problem with
that.
MR. GRANT: Because that scenario could exist. I don't know
how realistic it is, but --
COMMISSIONER COYLE: I wouldn't personally have a
problem with it. I don't see how it harms us.
MR. GRANT: Okay, okay.
CHAIRMAN FIALA: Okay. Commissioner Halas, your button
is on, or are we done?
COMMISSIONER HALAS: We're done.
CHAIRMAN FIALA: Okay, that's great.
So let me just ask all of my commissioners, does everybody
understand what the motion is? Is everybody happy with the motion?
(No response.)
CHAIRMAN FIALA: We have a motion on the floor by
Commissioner Coyle, which I will not even try to repeat, and we have
a second by Commissioner Halas.
All those in favor, signify by saying aye.
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January 27, 2009
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Is it? Are you aye? Okay. So that's a 4-1
vote. Okay. Thank you very much. That is a 4-1 vote.
MR. GRANT: Thank you, Commissioners.
Item #10J
THE EXPENDITURE OF $1,540.00 TO PAY FOR THE
INSTALLATION OF ARTERIAL LEVEL STREET LIGHTING AT
THE CASA DEL VIDA SUBDIVISION ENTRANCE; A $10,000
CASH BOND WAS POSTED AND IS IN PLACE TO PAY FOR
COMPLETION OF THE IMPROVEMENTS - APPROVED
MR. MUDD: Commissioner, that brings us to our next item,
which is lOJ, and that used to be 16A5. It's a recommendation that the
Board of County Commissioners board approve the expenditure of
$1,540 to pay for the installation of arterial level street-lighting at
Casa del Vida subdivision entrance. A $10,000 cash bond was posted
and is in place to pay for the completion of the improvements. This
item was moved to the regular agenda at Commissioner Coyle's
request.
I want to make sure that the reader -- or the listeners out there
and the viewers out there understand that the price of the lights are
$1,540, not $1,540,000 that you might have read in the paper, okay.
And Mr. Stan Chrzanowski from your engineering department,
community development's environmental services, will present and
answer any questions that you have.
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January 27, 2009
COMMISSIONER COYLE: Okay. The only reason -- if! can.
CHAIRMAN FIALA: Sure.
COMMISSIONER COYLE: I'll cut through this real fast.
There's not a big issue here, but it is confusion. The executive
summary says that the money is to pay for the installation of the
street-lighting. Down under considerations, the last sentence under
considerations, there's a statement that says, there is no upfront cost
associated with the actual streetlights themselves, only the monthly
fees.
So what I'm trying to figure out is, if $1 ,540 is a monthly fee, or
what is that since we -- you're saying we don't have to pay any upfront
costs associated with the street-lighting.
MR. CHRZANOWSKI: Yes, sir, I see the confusion. I will try
to -- you're going to see more of these. I'll try to make them more
clearer next time.
The $1,540 is what we're paying FPL for the design, engineering,
and installation of the lights, and there will be a monthly bill for the
lights that is going to go to the homeowners association.
COMMISSIONER COYLE: Okay.
MR. CHRZANOWSKI: They will pay that. The county is not
paymg any money.
MR. MUDD: Where does the $1,540 come from?
MR. CHRZANOWSKI: The $10,000 account that's in control of
the Clerk that we need your permission to access.
MR. MUDD: But that is -- that is money that was put aside as a
bond by the developer and/or the homeowners association.
MR. CHRZANOWSKI: Yes, sir. It was a letter of credit that we
called on, and now we have the cash money in an account, and we
want to draw on it.
COMMISSIONER COYLE: So no taxpayer money is -- no. No
taxpayer money which we get is going to pay for this.
MR. CHRZANOWSKI: Yes, sir. I should have been clearer
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when I wrote that.
COMMISSIONER COYLE: Okay. That would be helpful. And
we're not going to be on the hook for $1,540 a month for monthly fees
or anything like that?
MR. CHRZANOWSKI: Yes, sir.
COMMISSIONER COYLE: Okay. Then you answered my
questions. I don't have any concerns with it. I'll make a motion to
approve.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Motion on the floor and a second.
Commissioner Halas -- or Henning, excuse me.
COMMISSIONER HENNING: Oh, Commissioner Henning has
a question.
CHAIRMAN FIALA: Yeah, that is you.
COMMISSIONER HENNING: Is the lights going on tract B; do
you know?
MR. CHRZANOWSKI: They're going on the property, yes.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: That's tract B.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: And opposed, like sign?
(No response.)
MR. CHRZANOWSKI: Thank you.
CHAIRMAN FIALA: Okay. Five-zero, thank you.
Item #1OK
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January 27,2009
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS RATIFY ADDITIONS TO, MODIFICATIONS
TO AND DELETIONS FROM THE 2009 FISCAL YEAR PAY
AND CLASSIFICATION PLAN MADE FROM OCTOBER 2,2008
THROUGH DECEMBER 31, 2008 - MOTION TO APPROVE
STAFF'S RECOMMENDATIONS - APPROVED
MR. MUDD: Commissioner, the next item is 10K, it used to be
16E2, and that is -- just trying to get to it -- is a recommendation that
the Board of County Commissioners ratify additions to, modifications
to, and deletions from the 2009 fiscal year pay and classification plan
made from October 2, 2008, through December 31, 2008.
The item was asked to move to the regular agenda by
Commissioner Henning, and Mr. Don Albonesi from your human
resources department, will present.
MR. ALBONESI: Good afternoon, Commissioners. For the
record, Don Albonesi. I'm the manager of compensation, and I'm
losing my voice.
I'm here to answer your questions.
COMMISSIONER HENNING: Well, the board -- the board--
the board's supervisor position that is posted, it says it prefers a
bachelor's degree of three to five years, related experiences preferred
but the change is, there's no qualification for education. And what I
heard from my colleagues, though I didn't agree, that our staff needs
supervision, so why not have that qualification that they have either
past supervision experience or a BS degree in supervision?
MR. ALBONESI: Sir, when we write the classification, we ask
for the minimum requirements. And I worked with Mr. Ochs on this
one, and we determined that those -- the minimum requirements were
as written in the class specs; however, it's not unusual when we post a
job to post not only the minimum requirements that we have in the
classification, but also some preferred requirements.
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January 27,2009
So this is one of those examples where we've posted both the
minimum and some preferred requirements.
COMMISSIONER HENNING: Okay. I don't know. Again, the
majority of us wanted with supervision. I would think that you'd want
somebody with -- that has -- is qualified to supervise staff.
CHAIRMAN FIALA: Commissioner Coyle, and then
Commissioner Fiala.
COMMISSIONER COYLE: Okay. I think we've brought an
interesting concept here. I, quite frankly, don't know why we're filling
this position at all. Ms. Filson is still doing 75 percent of the job.
Whenever anybody has a problem, they call Sue Filson anyway,
which I understand is perfectly okay with the County Manager.
I don't know why we're spending this kind of money for someone
who will be doing only probably less than half of the job that Ms.
Filson did when she was occupying that position. So I don't
understand it.
Why don't we just leave it vacant and save the taxpayers some
money? We're having budget reductions.
MR. ALBONESI: Sir, I would --
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I was under the impression that we
have an interim person that's filling those requirements; am I right or
wrong?
MR. MUDD: This laryngitis must be contagious, excuse me.
The -- Mr. Sheffield is filling in in that particular regard as far as
the supervision of the executive assistants up in the office right now.
One of the things that the board asked based on their motion
previously was for me to go and ask Mr. Sheffield ifhe would do it on
a permanent basis, and that would be his sole job. Mr. Sheffield
declined in that particular regard.
With that, I came back to the board and asked them, and the
board said they wanted to have a permanent manager person that was
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January 27, 2009
on the floor, and that's why you have this particular item in the
classifications scheme.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER COLETTA: Well, I guess it's just my
understanding if you're -- whatever class you're trying to fill or
identify, whether it be manager, deputy County Manager, supervisor,
that you would want that person to have past experience for that
position. And if that's my misunderstanding about what -- the detailed
categories on there, then I'll make a motion to approve this item.
MR. ALBONESI: Let me just correct something I said before,
Commissioner. It does require supervising. In the minimum
qualifications, in the third line, it does quote, performing and
supervising clerical functions, so that was included in the minimum
qualifications.
COMMISSIONER HENNING: Okay. So you have to have a --
some kind of previous history or some BS degree in supervising in this
case?
MR. ALBONESI: Yes. Associates degree, plus three years of
experience, some of which would be supervision.
COMMISSIONER COLETTA: If your motion stands, I'll
second it.
COMMISSIONER HENNING: Yeah. And is there any way to
maybe try to clarify those a little bit better?
MR. ALBONESI: Certainly.
COMMISSIONER HENNING: Yeah. Thank you.
MR. ALBONESI: You're welcome.
COMMISSIONER HENNING: I apologize for keeping you here
all day.
MR. ALBONESI: No problem.
COMMISSIONER HENNING: That is a motion.
CHAIRMAN FIALA: Okay. I have a motion on the floor to
approve as written. Is that correct, Commissioner Henning?
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January 27,2009
COMMISSIONER HENNING: Yeah. I mean --
CHAIRMAN FIALA: Recommendation that the board --
COMMISSIONER HENNING: The gentleman just clarified it,
so I'm okay with it.
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: Do you have a second?
CHAIRMAN FIALA: And the second is by Commissioner
Coletta.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I think we're missing a step
here. What is the job description for this particular person? Is it
exactly the same as the job description before?
MR. ALBONESI: No, it is not. It's been modified, sir. And the
pay level -- the pay level and the pay grade has been decreased.
COMMISSIONER COYLE: By how much?
MR. ALBONESI: By three pay grades.
COMMISSIONER COYLE: How much?
MR. ALBONESI: Oh, from a minimum -- excuse me, sir. From
a minimum of 58,585 to a minimum of 50,606. That's the minimum
of the pay grades. Pay grade 23,58-; pay grade 20,50.
COMMISSIONER COYLE: And what's the maximum?
MR. ALBONESI: Maximum's respectively for pay grade 23,
86,155; pay grade 20,74,420.
COMMISSIONER COYLE: The point I'm trying to make -- and
I don't think anybody's going to pay any attention to it -- is that all of
the advisory board work is being done by Ms. Filson. She is sitting
here today doing all this. Whenever there is a question in our office
that needs to be answered because nobody knows the answer and
nobody knows where to go to get it, they call Ms. Filson, whether it's
Mike Sheffield or whether it's the ladies who work in the office.
Now, we're going to get somebody to occupy a position of a
manager in this office. What is that person really going to do? And I
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guess I haven't seen a good clear identification of that.
Now, the other point is that Ms. Filson still has a contract with
the Board of County Commissioners, okay. So what I would like to
find out, really, is, what are we hiring a person to do here? What are
they going to do?
CHAIRMAN FIALA: Actually, I was hoping to see somebody
fill the front desk position myself because --
COMMISSIONER COYLE: Well, you're not going to want to
pay that kind of money for somebody to fill the front desk, are you?
CHAIRMAN FIALA: Of course not, but that's what -- I'm
saying, you know, as a different position rather than this one, to be
honest with you, but --
COMMISSIONER COYLE: Well, if that's the case, then let's
save the taxpayers some money and hire somebody for the front desk
and leave that management position open, because I'll tell you right
now, there is no degree in the world that is going to prepare anybody
for managing this office.
CHAIRMAN FIALA: Let's see. Who do we have first,
Commissioner Henning or Commissioner Coletta? I don't know.
COMMISSIONER COLETTA: Commissioner Henning.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Yeah. The item on the agenda
is changing the pay grade. The only thing I wanted was a clarification
on that.
Now, Commissioner Coyle, you and I disagreed on filling a
position, either manager or supervisor in the office. I'm beyond that.
And the majority ruled, and I'm going to go with the majority.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COYLE: I don't like to follow people over
cliffs. Go ahead.
COMMISSIONER COLETTA: Is it my turn or Commissioner
Coyle?
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January 27,2009
CHAIRMAN FIALA: Yeah, it's your turn.
COMMISSIONER COLETTA: Oh, okay. I didn't want to get in
front of him.
I'll tell you what I'm thinking is the fact that, the way we've got it
set up now, we're not talking about replacing the lady at the front
desk. Our aides have, with difficulty, been covering that. By having
someone in there to supervise the office, our aides can more
appropriately cover the front.
And I don't think we need to replace the person at the
switchboard, and our aides can continue to share that task as they go
forward.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: I'm done.
CHAIRMAN FIALA: Do you have any comments anyway?
COMMISSIONER HALAS: I think that we ought to just move
on. We've got a motion on the floor, let's see how it falls.
CHAIRMAN FIALA: Okay, fine. I have a motion on the floor
by Commissioner Henning, I think it was, and second by
Commissioner Coletta to approve this pay grade decrease.
COMMISSIONER HENNING: Well, it's, whatever the item is
on the agenda, staffs recommendations.
MR. ALBONESI: The item contains a number of changes to the
pay plan. This is one that you've been talking about.
COMMISSIONER HENNING: Correct.
CHAIRMAN FIALA: Okay. Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
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January 27, 2009
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Okay. Thank you very much.
Item #1OL
CHANGE ORDER #2 TO WORK ORDER PG-FT- 3792-08-01,
CONTRACT #05-3792, WITH DE LA PARTE & GILBERT, P.A.
FOR FIXED TERM SPECIALIZED LEGAL SERVICES IN THE
AMOUNT OF $100,000.00 - APPROVED
MR. MUDD: Commissioner, that, Mr. Chair -- Ms. Chairman,
that brings us to 10L, which used to be 16C4, and this is a
recommendation to approve change order number 2 to work order
PG-FT-3792-0801, contract number 05-3792, with de la Parte &
Gilbert, P.A., for fixed-term specialized legal services in the amount
of$100,000.
And Mr. Phil Gramatges from your public utilities division will
present.
MR. GRAMA TGES: Good afternoon, Madam Chairman,
Commissioners. I'm Phil Gramatges, public utilities division.
Now, I have prepared a short presentation on this change order.
And let's start with the proposal.
CHAIRMAN FIALA: Well, let me ask Commissioner Henning
if he would just like to cut to the chase.
MR. GRAMA TGES: By all means.
COMMISSIONER HENNING: Well, maybe this has my -- the
question that I asked over the weekend, and the question is, you have
items one through 12 that -- the tasks that the -- this law firm is going
to do.
MR. GRAMATGES: Yes, sir.
COMMISSIONER HENNING: What are they? Are they
complete? Any of them complete? And can we pay those out of the
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associated fees?
MR. GRAMA TGES: Sir, let me refer you then to slide number
five where we start talking about the first one of these items. I can go
through all of them if you wish.
CHAIRMAN FIALA: Okay. Go ahead to five.
MR. GRAMA TGES: Okay. This one is for freshwater and
brackish water 50/50 split, and this work is ongoing.
COMMISSIONER HENNING: Okay.
MR. GRAMATGES: Sir?
COMMISSIONER HENNING: I'm fine, with that one.
MR. GRAMATGES: Okay. Utility service concurrency
management, there is no work presently being done here.
Concurrency management, as you well know, is part of the day-to-day
activities of public utilities. And from time to time we need legal
advice on this issue, and this is here on an as-needed basis.
COMMISSIONER HENNING: Orange Tree Utility?
MR. GRAMATGES: Orange Tree Utility. This work is related
to the ongoing due diligence work required for the acquisition of the
Orange Tree Utility. It has nothing to do with the litigation that we
have ongoing with the Orange Tree Utility. It's simply trying to
address any legal issues that are part of us taking over that utility.
COMMISSIONER HENNING: Okay. This one is special
district protocol, which I have no idea what that is.
MR. GRAMA TGES: The water/sewer district is a special
district. It was special district by the legislature of the state, and that
may present from time to time some legal issues that also we need to
address. And like I said, there is no work presently being done here.
COMMISSIONER HENNING: Utility areas; infill is outside of
the district?
MR. GRAMA TGES: No, sir. It's within the district. There are
some areas within the district that we do not service. That, in itself,
creates some legal issues that, from time to time, we need to address.
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January 27,2009
And this, as well, is an as-needed basis.
COMMISSIONER HENNING: Florida Government Utility
Authority?
MR. GRAMATGES: Florida Government Utility Authority is
within the district.
MR. MUDD: Flip the slide.
MR. GRAMA TGES: Is within the district, and so is Orange
Tree for that matter. And since they are a private utility located inside
the district, this proximity, from time to time, generates issues that we
also need to address.
We have no -- nothing going on here right now. This is on an
as-needed basis.
COMMISSIONER HENNING: The -- Florida Government
Utility is within Collier County's water and sewer district?
MR. GRAMA TGES: It's within the limits -- we surround it.
COMMISSIONER HENNING: Well, I know. But any work
done in here, could you take it out of fund, what is it, 432? Because
that's what you're proposing.
MR. GRAMATGES: This is fund 412.
COMMISSIONER HENNING: Four twelve.
MR. GRAMATGES: Yes, sir.
COMMISSIONER HENNING: You can use a user fee outside
the users?
MR. GRAMATGES: Well, this would be issues that have to do
with our users, not necessarily with users of the Florida
Governmentally -- Governmental Utility Agency. These are issues
that affect our users in the relationship that we have with FGUA.
COMMISSIONER HENNING: Okay. I don't understand. It's
not in our service area?
MR. GRAMATGES: No.
COMMISSIONER HENNING: But yet, any legal work that
you're -- you do with dealing with Florida Government Utility System,
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January 27, 2009
which is their own government entity, you would use user fees?
MR. GRAMA TGES: There are some areas in this county that--
where we supply water and they supply sewers. There's very few of
them. But, indeed, they are. And those are issues that we need to --
some time to -- we haven't done anything on this for some time, but
obviously we want to be able to act quickly if there are some legal
issues. We can't wait weeks in order to get approval on something that
requires work in this area.
COMMISSIONER HENNING: Okay. I understand now. Only
when it deals with services that we're providing?
MR. GRAMA TGES: Correct.
COMMISSIONER HENNING: Okay, thank you. And the next
one is expansion -- utility district expansion evaluation. I thought the
board gave direction to reduce some, and especially areas in Golden
Gate Estates.
MR. GRAMATGES: That is correct, sir. And this may be
mislabeled but, indeed, it covers any legal advice for expansion or
contraction of the district.
COMMISSIONER HENNING: But that's not in one of the one
through 12 items?
MR. GRAMATGES: Yes, sir, I believe that this is the last -- no,
there's two more. I should have numbered them, but I know there's
more than this.
COMMISSIONER HENNING: I know there is but --
MR. GRAMA TGES: There's another slide.
COMMISSIONER HENNING: The last one with expansion of
utility is not within the one through 12, expansion of value is number
12.
MR. GRAMA TGES: Sure.
COMMISSIONER HENNING: I got it. They just wasn't in
order. Next one?
MR. GRAMA TGES: I apologize if it's confusing.
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January 27, 2009
COMMISSIONER HENNING: That's fine. Thanks for your
explanation.
Next page? Okay. And if! would have got that yesterday, I
would have been fine with it. It's more of an explanation instead of
spending hundred thousand dollars on areas that I had no idea, and
especially when you talk about a different utility authority. There
wasn't any explanation in the response.
So I'll make a motion to approve.
CHAIRMAN FIALA: Do I hear --
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: -- a second?
Motion to approve by Commissioner Henning and a second by
Commissioner Halas.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Very good.
Item # 11 - Discussed and continued to later in the meeting
PUBLIC COMMENTS ON GENERAL TOPICS
MR. MUDD: Commissioner, that brings us to public comment
on general topics.
MS. FILSON: I have one speaker. Mark Teeters.
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January 27,2009
MR. TEETERS: Good afternoon, Commissioners and County
Manager Mudd.
I'm here today to ask you for something. I'm a member of the
West Coast Muscle Car Club, and I want to tell you a little bit about
the group, first of all. A non-profit organization, founded in August of
2003. Over the past six years, the club's donated to charities such as
Toys for Tots, Habitat for Humanity, St. Matthew's House, Lorenzo
Walker Institute of Technology, Shriner's Hospital, and the list goes
on and on and on.
We have a car show that's scheduled for March 14th at Sugden
Park. And it came to my attention in getting involved with this group
and trying to help them to save some money, which is going to be
donated to charities, we found out that we were being charged an $800
user fee to use the park for this car show.
We do not charge admission. It's purely by donation. This year's
going to be difficult because a lot of the money that we get from --
that we use to give to the charities come from car dealers. And as you
well know, the car dealers are having a very difficult year. So most of
what we're going to collect this year is going to be from people that
are donating.
We're going to have some school groups there this year doing
food for fundraisers. So it is something that we do for the community.
It's not just a whole bunch of guys just having fun and making money.
All this money this year is going to go to the Shriner's. That's our
chosen charity for this year.
The park does remain open during this, and we've gotten
accolades from the parks and recreation department about how clean
we leave the park. Everybody goes out and polices the area.
So basically what I'm asking you to do at this time is to waive the
$800 permit fee, or not a permit fee, but is a user fee for Sugden Park
for the -- what is that, about a five-hour -- it's about a five-hour car
show, six-hour car show that we have every year.
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January 27,2009
And that's really what I'm here to do. See, isn't that neat? What
do you think, Commissioners?
COMMISSIONER COLETTA: That means you've got another
minute.
MR. TEETERS: That means I've got another minutes. Oh, I
thought I was done. Should I tell you some more? No, I think I'm
done.
CHAIRMAN FIALA: Okay.
MR. TEETERS: But I would like to -- it would be great if you
guys would do that for me.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Could I ask -- I'm sorry --
parks and rec' s -- oh, all ready for it.
CHAIRMAN FIALA: Just happened to be sitting there.
COMMISSIONER COLETTA: Yeah. Help us with this a little
bit. Here we've got a company or an organization, a non-profit that's
out there to raise money for scholarships.
MR. TEETERS: We do. We have done scholarships in the past.
We did them for Lorenzo Walker, but this year the money is going to
go to the Shriner's.
Let me tell you what they're going to use it for. The money does
stay here in Southwest Florida. The Shriner's run a van multiple times
a week between Southwest Florida and Tampa to the Children's
Hospital, and that money is needed for them to use to run that van
back and forth with the children that are going to the hospital -- I am a
Shriner, so I know a great deal about it -- but also the families of the
children that go up in the van.
COMMISSIONER COLETTA: That means your dinner's ready.
MR. TEETERS: That means I'm done. Turkey timer.
COMMISSIONER COLETTA: So the question, what park are
you looking to use again?
MR. TEETERS: Sugden Park.
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January 27, 2009
COMMISSIONER COLETTA: Any kind of leeway in this?
MS. RAMSEY: For the record, Marla Ramsey, public services
administrator. Your fee policy states that a non-profit using the
facility for a countywide event is $800 a day at Sugden, and $1,200
for a for profit.
COMMISSIONER COLETTA: Whoa. Is there -- do we have
the ability to make exceptions for that, or is this open to some sort of
MS. RAMSEY: Board of County Commissioners has the
latitude to do that. Staff does not.
COMMISSIONER COLETTA: Well, I tell you, I think the fee is
excessive, to be honest with you. If we can recognize this as serving a
public purpose, I think the fee should be severely reduced, if not
eliminated. My own personal feelings.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: The -- Mark, instead of the
Shriner's -- and I understand why you're doing it. That's very noble.
But in other cases where parks and rec has a partnership or been a
partner with not-for-profit organizations and they would get a cut of
the proceeds -- and that way -- Marla, please help me. It's kind of like
a 50/50?
MS. RAMSEY: There's actually two ways that it goes,
Commissioner. If there is collections at the gate and it exceeds the
$800, then we would get an additional cut to whatever that amount
was.
So the minimum is $800, and ifthere's a gate fee or there's
additional collections at that location, then we would get, you know, a
piece of that action as well if it exceeds the daily rate.
So if the gate fee came out to be $900 instead of the $800, we
would get a $900 fee, of course, which goes into our funds for the
various events especially. At that particular park is where we do our
special-needs programming.
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January 27, 2009
MR. TEETERS: We have given money to the park in the past
for the water ski program and some of the other things that they've
done out there. We've given money to a bunch of the different county
things. But I just think the $800 is -- I just think it's excessive.
I would rather see that money go to charity, to some type of a
worthwhile thing also --
COMMISSIONER HENNING: Well, Mark. Let me tell you
why I brought this up. The board has heard this over and over again
about not-for-profits using our facilities, and in the past we have not,
you know, granted that.
And all I'm -- and there is a community benefit for what you're
doing, I recognize that. But if we set precedence, we have do it for all
nonprofits, and every nonprofit is worthy in Collier County.
That's why I'm suggesting, is partner-shipping with parks and
rec., and -- well, you heard what Marla had to say and how it goes.
I'm just throwing it out there.
MR. TEETERS: Okay. I don't have a problem -- I guess -- the
group doesn't really have a problem with some type of a -- some type
of a donation or some type of a program, but I guess my fear this year,
it is a difficult year, and if we don't get donations at the gate if -- let's
say that we don't get $800 --
CHAIRMAN FIALA: Well, Mark, I don't mean to interrupt you,
but you've already said this, and I've got two more --
MR. TEETERS: Oh.
CHAIRMAN FIALA: -- people on board.
MR. TEETERS: I am sorry.
CHAIRMAN FIALA: Thank you.
So Commissioner Halas?
COMMISSIONER HALAS: Mark, I understand your concern,
and we, as a county, have some concerns because these fees that we
charge help make sure that the parks and rec stays solvent. They have
a budget and, of course, they rely on events like this to make sure that
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January 27, 2009
they stay solvent.
So everybody is in a point whereby it's going to be a tight year
for everyone. And so, I hope you understand that we've got some
huge decisions coming in front of us in the next couple of months in
regards.
So I understand what your concern is, and I think you do a
worthwhile cause here in the community, but it's the idea that we have
to make sure that parks and rec has a budget so that they don't have to
come back to us and say, hey, I need an amendment to the budget.
And we get to pretty -- we don't take kindly to some -- when people
come back and say, we need a budget amendment.
CHAIRMAN FIALA: And the good thing is that some of that
money goes into helping the handicapped children, a program right
there at the park, and that is certainly local and certainly helping the
children in our community. So it is a worthwhile cause that you're
helping through your dollars.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. One of the problems is, I
think Mark's saying he might not be able to get any money at all or get
enough money to cover more than the use fee.
But, Marla, does it cost us that much to have an event like this?
MS. RAMSEY: Well, Commissioner, again, this is based upon
-- a Sugden policy was brought out a number of years ago, which was
separately approved by the Board of County Commissioners when
that park came on because that was an event park, and a lot of people
do use it for events.
And the fee policy that you have approved does state that a
nonprofit pays $800 if they want the park for the day. From the time
you set up to the time that you take down, that's a full-day event.
Sometimes they'll actually come in on Friday before to do the setups.
We don't necessarily charge for that if it's just late afternoon. But that
is what the fee policy states. And as you know, staff does not have
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_.'-'-~-~~"._-""""~"----.-"--"-"-~-'--~
January 27, 2009
jurisdiction on that particular end of it.
To talk about how much does it -- you know, you break it down
over a period of time, what are the hours associated with it, I don't
have that data at my fingertips, but it is what we've used in the past.
COMMISSIONER COYLE: Well, one of the problems, of
course, is it's already been stated that if we do exempt one person,
we're going to have to exempt them all ultimately. And if we do that,
what we're really doing is forcing other taxpayers to pick up the
difference, which means you're forcing them to contribute to
something they didn't have anything to say about, which is not fair.
But I don't know how to be fair about this at all. I don't know how to
solve the problem for you without creating more difficult problems for
us.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Thank you.
Mark, obviously we're not going to get there where you want to
go today. I can see that right now. And probably this year is too late,
but next year early on I'd like to personally work with you to look at
such ventures as the fairgrounds and other private entities out there
where they might be a little bit more forgiving in this direction, maybe
even a car lot where we can intercede on your part. I can go in there
and see what's available to be able to help them out with drawing
people in.
There's other lands that are available out there that we'd probably
have to get a use permit to be able to use it. But believe me, there's
other ways than spending an $800 fee.
MR. TEETERS: Yeah. We do have other options for this year,
by the way. We're not out of time. So we do have some options. We
just -- the venue is a very nice one, so -- okay.
COMMISSIONER COLETTA: Good shot.
MR. TEETERS: Thank you very much.
MR. MUDD: Is there any more speakers, Ms. Filson?
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January 27, 2009
MS. FILSON: No, sir.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. MUDD: That brings us to staff and commissioner general
communications.
CHAIRMAN FIALA: Okay. Let's start with you, Mr. Mudd.
MR. MUDD: Yes, ma'am, I have several items.
First, this present Voluntary Separation Incentive Program
window, we have had employees that are eligible outside the window
that have come -- we have about 20 employees that want to take what
we have. And we have -- we have about half a dozen that are outside
the window, but if it was offered later on this year, they would take it,
okay, because then they would be eligible and they would be within
the window.
I see this as not a one-time type request. And so we've gone to
the County Attorney's Office and asked the best way to proceed if we
want to do multiple windows in the -- for VSIP in the future. They
said it would be better to draft an ordinance and bring that back to the
Board of County Commissioners, and then you could do a resolution
when you want to offer a window of eligibility for the employees,
instead of going through this very rigorous step-by-step restrictive
approach.
So I'm recommending to you that we craft an ordinance for, not
this window, but maybe a subsequent one this year, or maybe next
year. That gives us -- that gives you and I the latitude with a
resolution approved by the board to enact it.
So that's the first item. If I see three nods, then we'll go with the
County Attorney and we'll get that ordinance crafted so that we can
get that done.
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January 27,2009
CHAIRMAN FIALA: I'm seeing the nods.
MR. MUDD: Okay. The next item is, I met with the owner --
and this has to do with the property appraiser's property that he rents,
that we rent, for him, to the tune of over $600,000 a year.
I met with the owner of that property to determine ifhe was
interested in selling. He is not interested in selling for any price. So
we left as friends, and I've made a subsequent offer with board's
approval later when we see if we get some kind of an acceptance in
draft for the Elks Club; and I gave that offer on Friday once I found
that the owner of the property that the property appraiser is in, that he
wasn't interested in that particular regard.
I have not heard anything back from the owners of the Elks Club
one way or the other on our particular property. But I am continuing
to look at other properties in Collier County. I just have to see if
they're in the window of affordability.
COMMISSIONER COLETTA: Could I comment on that?
CHAIRMAN FIALA: Sure.
COMMISSIONER COLETTA: Yeah. I'm sorry, Mr. Mudd. I
do have to bring this up one more time. What percentage of our
workforce has been laid off? Twenty-two percent, is it?
MR. MUDD: We're around 20 percent.
COMMISSIONER COLETTA: Is there any way we could
consolidated some place where we can clear an area within the county
complex or one of the other government complexes for the --
MR. MUDD: Commissioner, I am trying to bring the people that
are in rental space right now into the particular confines of the office
space that we have.
I have Mr. Wert outside on a contract. I've got part of Marcy
Krumbine's housing section that's on a contract, and we pay a penalty
if we end it sooner than May of this year. As soon as May hits, she's
-- the group is gone. That's a left-over from a previous housing
director.
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January 27,2009
We are bringing in the state attorney, the public defender, EMS;
all of those people that are in renter -- rental space, we're bringing
them into the confines of the county.
We are bringing in every bit of the sheriffs maintenance
operation into the county in the county-owned properties and get out
of all of those leases that have been there for years and years and
years. What we're trying to do is save the taxpayers about $1.9
million.
COMMISSIONER COLETTA: And I understand you, but let
me make sure I heard you right, that if we have -- we're still utilizing
all the office space, all the floor space that we have for our employees.
We don't have a lot of empty rooms, we don't have a lot of reserved
capacity where we could confine people together to be able to make
enough space?
MR. MUDD: No, sir, and that's with all those people coming
back into the ownership and county-owned property instead of being
in a rental space. When that happens, sir, no, you don't.
COMMISSIONER COLETTA: Okay. And I'm not saying I
don't doubt you, but some day I'd like to have a tour of the county
complexes and be able to get a first-hand view of what's actually
happening.
MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: I'm still having a hard time
understanding how we can reduce our employment base by 22 percent
and still have to have new facilities.
MR. MUDD: Well, when you take a look at your AUI (sic)--
AUI presentation, and Mr. Ron Hovell, I remember specifically when
he laid that out, he laid out the cost per square foot per population, and
he also told this board over 15 percent of your office space is in rental
property, and we're bringing that basically onboard, and that's the
issue where that space that's been vacated will have people that sit in it
because they're coming out of rental space into county-owned
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January 27,2009
properties.
COMMISSIONER COLETTA: We need to spend more time on
this --
MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: -- so I better understand where
we are.
MR. MUDD: Absolutely, sir.
CHAIRMAN FIALA: Okay.
MR. MUDD: Okay. That brings us to our next item, and I only
have one other one after that one, and this has to do -- and Jeff and I
are going to share in this particular regard, and this has to do with the
economic development zones. I use the right terminology, Mr. Ochs?
MR. OCHS: Yes, sir.
MR. MUDD: Economic development zones. The board, based
on the workshop with the EDC where we talked about economic
development zones, basically directed staff and the County Attorney's
Office to meet with the EDC and community leaders and their director
and their chairman of their board to find out the feasibility of
economic development zones.
Weare of the opinion that they are, indeed, feasible. They are,
indeed, feasible on both CRA's; they are, indeed, feasible at city --
city gate; they are, indeed -- I'm giving some examples, because that's
already industrial zoned and the owner has said if he could get it -- get
the economic development zone, he would give the land in order to be
an incentive for any future business that wanted to come on -- the
Silver Strand, which you will hear soon, which is south of the
Immokalee stockade jail. That will come to you for zoning. That's
been offered up as an economic development zone, as well as some
portions of Ave Maria.
Mr. Klatzkow has talked to our outside experts, and that's with
Nabors Giblin, I believe is the firm, and gotten some quotes for their
help in this particular regard.
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What he received was for the first phase setting up the economic
development zone and the second phase, which is the vetting process,
the fees, they -- they think, for that particular work, would be the tune
of $30,000, not exceed.
And I wanted to make sure that we had board's okay before we
started to go down that road with the economic development zone
issue with outside counsel helping us with that development.
Mr. Klatzkow, did I miss anything?
MR. KLATZKOW: No. That's -- that would be the estimated
cost of this. It's going to be in two phases, as Mr. Mudd said. And we
could -- if you didn't like the proposals, we could just cut it off. And I
think the first phase, Mr. Mudd, was about $10,000?
MR. MUDD: The first phase was 20,000.
MR. KLATZKOW: Twenty thousand.
MR. MUDD: The second phase was ten.
MR. KLA TZKOW: All right. So we'll come back to the board
with the proposals and, you know --
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: When we had this workshop and
the people came in here looking for services, I want to know exactly
what it's going to cost the taxpayers totally. You've got -- right now
we're talking about having an outside law firm give us direction on
this. I'm assuming that community development is going to have to
playa part of this.
And so, what are we looking at as far as the bottom line of
taxpayers' dollars that are going to be used for this in regards to this
whole project?
MR. KLATZKOW: No. I think it's about $30,000. We're going
to set up the structure to allow this. I don't think staff time -- or very
much staff time is going to be involved. You're already industrially
zoned. And the idea is to set up one economic development zone but
have it in different ports -- parts of the county so if somebody wanted
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to go to Bayshore, they could do that. If somebody wanted to go up to
Ave Maria, they could do that.
COMMISSIONER HALAS: And who's going to pay for this?
It's coming out of --
MR. KLATZKOW: The cost to set it up, approximately
$30,000, that's coming out of our funds.
COMMISSIONER HALAS: Okay.
MR. MUDD: Now, for the taxpayers in general, after it's done,
there'll have to be some kind of TIF that sets up, tax incremental
funding, that's set up for that particular regard in order to entice that
particular business to come onboard into Collier County and bring any
satellites that are there.
Now, that will all have to come back to the board for decision,
because you might want to have a straight TIF like you have in a CRA
that's good for a certain number of years. You might want to have a
TIF that basically ramps away from your tax base and brings more
proceeds into your tax base than if -- it would be if it was a straight
TIF.
For instance, one of the -- one of the things that the EDC tried to
sell to you as far as the process -- this would increase the tax base of
Collier County and give the taxpayers of Collier County more options,
more dollars to do future things that they want to do with their
community.
F or that to be true, your TIF cannot be a straight TIF. It has to --
it has to ramp down, so to speak, so that they take less over time from
the TIF and return more into the general fund, and that is one of those
options that we're taking a look at to make sure that you have -- you,
as a board, have all the options you need to when you make that
decision on that particular regard.
COMMISSIONER HALAS: So what you're telling me is in the
long run, then the taxpayers basically get repaid for the -- what we're
trying to accomplish here?
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January 27, 2009
MR. KLATZKOW: You're looking at an investment.
COMMISSIONER HALAS: Yep.
MR. KLATZKOW: You might -- if this is successful and you
bring in high-wage jobs, it will enhance the tax base. If this is not
successful and no jobs are brought in, then, you know, it's $30,000
you're not going to get back.
COMMISSIONER HALAS: Right. Well, I just want to make
sure that -- because when other people come in and want to use the
services of the county, they have to pay an upfront fee. So I just want
to make sure that we don't go down a road where this is a continued
investment, and we keep throwing money at more money, and we're
not getting anything in return.
So that's my concern. And as long as everything looks like -- and
I think the County Manager brought up the deal about the reoccurring
TIF funds and that the amount of TIF funds start to come back into the
coffers of the taxpayers, I'm good with it.
CHAIRMAN FIALA: And if this is their idea that we're going to
be funding, how much a part of -- are we going to be of the decision
making?
MR. KLATZKOW: Ma'am, we're going to have to set up an
Economic Development Council. That could be you.
CHAIRMAN FIALA: Because, I mean, if we're going to fund
this thing, we should certainly have some participation in the
decision-making process, I would guess.
MR. KLATZKOW: You will be the decision makers.
CHAIRMAN FIALA: Okay, fine.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. This is our program. The
reason it was developed was specifically to keep us from having to
pump money into the economic diversity program.
You'll recall we've got incentives to waive impact fees, waive
taxes for ten to 15 years. We've got job credits, all those kinds of
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things.
And the point that we have made to the EDC at our meetings is
that we don't have the money to keep doing this. We might be able to
do it one time a year, but we can't do it on any scale that's designed to
diversify our economy.
So one of the requirements was that we should develop a
self-sustaining program that didn't depend upon the government
pumping money into it. The only money that we're going to be
allocating to this thing upfront is the $30,000 to build the structure,
and then that structure will be used time and time and time again at all
of these locations without any more investment.
And so what we expect to happen is that we'll develop these
economic development -- we'll designate the economic development
zones, we'll do our best to get preapproved permits from South Florida
Water Management District, Fish and Wildlife Service, and the Corps
of Engineers, and have a shovel-ready project; and to anybody coming
here wanting to come here, that's a huge incentive, because you've got
something ready for them to deal with.
And so the landowner, many of them have already told us, they
will donate land to the first person. That's a huge incentive. So you
get that first person in, that first person builds their business, they hire
employees, they -- that increases the value of the land, increases the
tax revenue for that land. That initially goes to provide the incentive
for the next company that comes in there.
And then, as County Manager has stated, at some point in time
this begins -- there's a sharing process, okay. They've got to start
giving back to the taxpayers of Collier County.
So it's designed to really make it self-sustaining and not have any
financial burden on the people of Collier County.
CHAIRMAN FIALA: Thank you for that explanation. Okay,
Mr. Mudd.
MR. MUDD: So Commissioners, I want to make sure I'm
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getting three nods on the $30,000 not to exceed expenditure for
Nabors Giblin to help us do the economic development zones as part
of this particular process.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah. I mean, I think it's a great
idea to have the structure. We wasted $30,000 just in staff time, all
those people sitting in the back row discussing it. But this is a good
thing.
MR. KLATZKOW: And we'll be coming back to you--
MR. MUDD: Oh, yeah.
MR. KLATZKOW: -- County Manager Mudd, because we're
going to need some sort of advisory committee set up so -- to vet these
ideas before we come to you for conclusions. I don't know who you
want to use, an existing committee, or if you want to set up a different
one, but this is going to need to be fleshed out, so we will be coming
back.
MR. MUDD: Commissioners -- and my last item, and then I'll be
quiet, I promise. I just need to work out your schedules a little bit. Do
you have one of these little calendar things on your -- by your seats?
COMMISSIONER COLETTA: Yeah.
MR. MUDD: Okay. And you've got that heading looking thing
that shows by month at the tops of -- just kind of look, and we'll go
back and forth on what I've got on the overhead.
I just kind of want to -- let's start with June. Okay. You'll have a
June meeting on the 9th and the 23rd, but F AC, Florida Associations
of Counties, will have their annual meeting in Marco Island the 24th,
the 25th, and the 26th of June.
Well, that's exactly the time that we would normally have our
budget workshop, okay. So that causes a little bit of a dilemma, not
much of a dilemma, but it causes a little bit if there's the chairman
and/or any commissioners that want to go to the F AC conference that's
here on Marco Island.
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So that logically leads us over to the handwritten note that's over
to the side of my piece of paper right here that says, budget workshops
on the 29th and 30th of June, and that would make it on that Monday
and Tuesday of the last two days of June.
Our recommendation is that we go a little bit later based on the
way the dates and the days laid out with our mandatory requirements
to report there by the 5th of August, that we have the board's meeting
setting your ceiling on your millage rate on the 28th of July. So that
would be -- your meeting in July would be on the 28th, okay.
That leaves you the month of August. And let's come into
September. Now, there's one little day in there that causes a little bit
of a hiccup because Labor Day happens later in the year this year than
it did -- normally it's on the 1 st or 2nd or whatever. It's on the 7th,
okay. And it would be the day before your first meeting in
September, and that kind of makes it a little awkward for the board.
So -- and because you have three Tuesdays in September, our
recommendation is in September we do the third and the fifth week for
the boarding, and that would be the 15th of September and the 29th of
September.
Also wanted to note that you'll notice there's a handwritten piece
over here that talks about what your budget hearings are. Your budget
hearings, based on -- and we've already talked to the school board.
They get to have first digs -- or digs (sic) as far as the dates are
concerned in September.
Your budget hearing would be -- your first one would be the 10th
-- that would be three days after Labor Day -- and on the 24th of
September, and that fits in with the third and the fifth week quite well,
and your books will be delivered for your first meeting in September
on the 10th. So you'd get those at the same time that we'd have the
budget hearings in the evening. So that would kind of set pretty well.
We'll have a normal schedule in November of two meetings on
the 10th and the 24th, and we'll go back to your one meeting in
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December, and that's December 8th.
And I just wanted to talk to the board about our recommendation
and at least get your concurrence as far as the schedule is concerned.
CHAIRMAN FIALA: Commissioner Coyle.
COMMISSIONER COYLE: I don't have a problem, but I'm
wondering why you want to have the budget hearing on the 29th and
30th rather than having the budget hearing before our last BCC
meeting of June. It seems to me more logically to have it at that point
in time before the BCC meeting than after it.
MR. MUDD: Well, that just -- I was just trying to -- because a
lot of commissioners prep on that Thursday and Friday when they get
their books before that --
COMMISSIONER COYLE: Well, let's do it Wednesday and
Thursday, 17th and 18th of June. That way if there's -- there are any
other issues that we have to deal with formally, we can do so at our
regularly scheduled meeting.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: I'd -- being that we have so
many constraints, I would rather not rush on the budget. F AC is, what
is it -- what'd you say, 24th, 25th, 26th?
MR. MUDD: The F AC is -- they're here on the 2- --
COMMISSIONER HALAS: 23rd.
MR. MUDD: They're going to start on the 23rd, but their --
meetings have it go 24, 25, and then they break by noon on the 26th.
COMMISSIONER HENNING: Okay.
MS. FILSON: Mr. Mudd, I can tell you that the commissioners
all have the June meetings on their calendars. We don't have the
September, but the July and the June budget meetings.
MR. MUDD: Okay. I just want to get their approval before we
try to schedule anything. I understand good staff procedures would
try to set it aside to make sure if we have any issues. But I want to
make sure that -- well, I don't want to do something that the board
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doesn't want to do.
COMMISSIONER COLETTA: I'm all for this. This looks fine.
COMMISSIONER HENNING: Yeah, to finish up, I'm in favor
of what's recommended.
CHAIRMAN FIALA: So in other words, let me just see if I
understand what now is recommended. Instead of having any meeting
in July at all, we're going to have them all in June, budget --
COMMISSIONER COYLE: No.
CHAIRMAN FIALA: -- and everything?
COMMISSIONER COYLE: No. You're going to have July
28th.
MR. MUDD: July 28th will be your board meeting. You have to
set your ceiling on your millage rates before the 5th of August, okay?
And it just so happens you've got time before the 5th of August. Last
year we didn't, and that's why we went on the third -- the third week in
July instead of last week in July for the board meeting.
CHAIRMAN FIALA: How does that work for our staff as far as
having the budget meeting a month early?
MR. MUDD: No. The budget workshop is a little bit later than
we normally have it in June, but it works for us in order to get things
resolved. We have enough time, ma'am.
CHAIRMAN FIALA: Okay. So the proposal to move that
budget hearing up till -- what was it, June 17th?
COMMISSIONER COYLE: Well, that was my proposal, 17th
and 18th we have the budget hearing, and that way it gives us a formal
meeting period on the 23rd to take any final action if we wish to do so
based upon those initial budget workshop results. So I think it is
smarter to make it earlier rather than later.
CHAIRMAN FIALA: But you have to weigh in on this, Mr.
Mudd, because, you know, you know what staff can do and what time
constraints they might have.
MR. MUDD: What we tried to do is we tried to de-conflict this
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room, too, at the same time as we laid this schedule out. There's some
Planning -- and I'm not saying that the board gives deference to the
Planning Commission. I'm just saying the Planning Commission's got
this room for the 18th, on the -- and that's what Leo was picking the
phone up about. I know we went through that to figure out when this
room was available, when things were set up and how we could do it.
We would normally do it and forget about FAC because they
would be out of county someplace, but because you're the host county,
it kind of puts this board in a predicament.
CHAIRMAN FIALA: And it would be nice if we were there,
yeah.
Okay. So--
COMMISSIONER HENNING: What are we doing?
CHAIRMAN FIALA: Well--
COMMISSIONER HALAS: I got a question. Is there any
reason why the meeting that you've got planned for July 28th couldn't
be the 21st?
MR. MUDD: Yeah, it could be the 21st, but that -- that gets into
people's breaks, and we try to give you some time that you, as a board,
staff if they wanted to take vacations, they could.
COMMISSIONER HALAS: Oh, okay. Because I was looking.
MR. MUDD: If you're going to the 30th of June, you pop to the
21 st.
COMMISSIONER HALAS: It would open up more time off for
August, and then if we had the 21st, then we'd be out of town. I mean,
it's just an idea.
MR. MUDD: Whatever the board wants to do.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: Board members --
COMMISSIONER HALAS: Just throwing it out there for a
suggestion.
CHAIRMAN FIALA: -- we have to give them some direction.
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Mr. Mudd made suggestions.
COMMISSIONER HENNING: You got two over here in favor
of what's on the board.
COMMISSIONER COLETTA: Right on the board up there.
CHAIRMAN FIALA: Okay. Commissioners, how do you feel
about the stuff that's on the board?
COMMISSIONER HALAS: I think that Commissioner Coyle
brought up a good point here, that if we had the budget hearings on the
17th and 18th, as long as it didn't cause a huge conflict with other
people that have this room scheduled, that might be beneficial so that
on the board meeting on the 23rd, if there was any residuals, we could
address them at that point it time.
CHAIRMAN FIALA: Okay. Commissioner--
COMMISSIONER COYLE: We could even do it the 16th and
17th, too, you know. The point is to try to get it done before that last
board meeting, because I think there are always things that we can
clean up following those budget hearings, and a perfect time to do that
would be during the scheduled board meeting.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I just think that it would
work out better for staff and everyone if we kept it with the 29th and
the 30th. We have to -- staffs going to be busy with the agenda, with
the changes to the agenda and everything else. Their docket will be
cleared and they get right into the 29th and the 30th.
And Mr. Mudd, how's -- is that what you're saying?
MR. MUDD: Well, all the commissioners know, they've all been
chairman, they know what happens Wednesday prior to the board
meetings. I have a staff meeting to resolve any unanswered issues, if
there's anything that comes up the commissioners want on the agenda
at the last minute, we're able to plop it. We have a meeting -- I have a
meeting with the chairman to make sure he or she is locked in as far as
the agendas go, and then by five o'clock we go to the printer that
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January 27,2009
Wednesday. Thursday morning the agenda shows up.
That's the only issue that you have that week, and we can -- we
can work around it. It's not much fun, but we can work around it.
COMMISSIONER HALAS: Well, I'll go along with the 29th
and the 30th then.
COMMISSIONER COYLE: Oh, I'm sorry. Go ahead.
COMMISSIONER HALAS: I'm done.
COMMISSIONER COYLE: Look at it a different way. Let's
suppose we went with the 29th and 30th of June. Now you're going to
have to set the millage rate on July the 28th.
CHAIRMAN FIALA: Right.
COMMISSIONER COYLE: All right. Now, let's suppose on
the 29th and 30th of June you really aren't in a position to make a final
decision on the budget. What are you going to do? You don't have
another meeting scheduled between that time and the 28th of July
when you've got to set the budget hearing.
If you've got the budget finished earlier, like the week before our
23rd meeting in July -- in June, then you've got a board meeting
scheduled there. You can make some final adjustments and final
decisions about the budget.
CHAIRMAN FIALA: So are you suggesting possibly June 15th
and 16th, which is that Monday and Tuesday?
COMMISSIONER COYLE: Well, whatever works. But I'll do it
on Saturday and Sunday, I don't care. But the thing is that it's just
smart, in my mind, to have a board meeting after the final budget
hearing before you set the millage rate.
CHAIRMAN FIALA: So -- Commissioner Halas?
COMMISSIONER HALAS: Whatever works the easiest for
staff.
COMMISSIONER COLETTA: I'll make a motion that we
accept the schedule that's right here for the 2009 BCC meeting
schedule as it's shown on the screen in front of us.
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January 27,2009
COMMISSIONER HALAS: Madam Chair, I'll second the
motion.
CHAIRMAN FIALA: Okay. I personally liked Commissioner
Coyle's, but that was only on a personal basis. Nothing more. That
was being a little selfish, so.
Okay. I have a motion on the floor for the schedule to be as seen
on our screen, and I have a second on that.
(No response.)
CHAIRMAN FIALA: Any more discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Okay.
MR. MUDD: I don't dare bring up anything more. I'm sorry.
CHAIRMAN FIALA: Smart move.
Okay. Let's start with you, Commissioner Coletta.
COMMISSIONER COLETTA: What about the County
Attorney?
CHAIRMAN FIALA: Oh, I'm sorry.
MR. KLATZKOW: No, I'm good.
COMMISSIONER COLETTA: And I want my commissioners
to be a little patient. I originally had five items.
CHAIRMAN FIALA: Well, maybe we better start at this side.
No.
COMMISSIONER COLETTA: I took two items off, and I'll try
to be brief with what I've got left.
We never received a report from the Clerk regarding our
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January 27,2009
investments; is that correct? We never received a point where he said
he'll come in and make us a -- have we received any kind of reply?
MR. MUDD: Commissioners, the Chairman signed a letter to
Mr. Brock, Commissioner Fiala did, on the 20th of January, and gave
him some dates in order to present based on information that he
needed that was relayed to us by Commissioner Henning, and he still
has some dates in February to do so, so we've--
COMMISSIONER COLETTA: Well, we're getting down to the
wire. We're going to be coming into the budget before long. We have
to know where we stand. No one can do financial planning without
knowing what their reserves are. They are what they are, and -- but
we have no idea if we retained them, if we lost a small fraction, we
lost a big part. And, meanwhile, we're talking about what we're going
to do in the future year as far as budget goes, and we have no idea
what we've got to fall back on.
What I would suggest is, because of the seriousness of the nature
of this whole thing, is that we send one more letter to the Clerk, that
we actually schedule a date and a time for him, and ifhe doesn't find
that to be -- if he finds that to be a problem, he can reply and let us
know he won't be there.
But I'd also include copies of the two previous letters that we
sent. I think that might get us where we need to be so that we can get
on with this and find out where we stand.
CHAIRMAN FIALA: Is that -- are the other commissioners in
agreement with that?
COMMISSIONER COYLE: Yep.
CHAIRMAN FIALA: Okay. I've got some nods here.
Commissioner Halas?
COMMISSIONER HALAS: Well, my concern is, we've already
sent him correspondence, and you've just recently sent him
correspondence along with the first letter that was written by the
previous chair, and we still haven't gotten any response. So I'm not
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January 27,2009
sure what you're going to do or what you're going to accomplish by
continually sending letters. And I'm not sure where we're going to end
up with this.
COMMISSIONER COLETTA: Okay. Well, let me add one
more little bit to it. One, we're going to be giving him a specific date
and time to be here, and if it doesn't work, he'll have to get a hold of
us. Number two, if you feel that we need to get his attention, let's also
copy our governor, Charlie Crist, and the Attorney General. Does that
get you where you need to be?
COMMISSIONER HALAS: Yeah. I guess so, Commissioner.
COMMISSIONER COLETTA: I just -- the only thing I want is
the report. I realize --
COMMISSIONER HALAS: I understand --
COMMISSIONER COLETTA: -- the financial --
COMMISSIONER HALAS: -- exactly where you're at, but I
think all 0 f us --
COMMISSIONER COLETTA: -- situations out there are
beyond anyone's control. But I just got to know what we got.
COMMISSIONER HALAS: Yeah. I understand where you're
coming from, Commissioner. I think all of us have those concerns,
but I don't know how we can go about to get a decent response for our
question. And so that -- I have great concern, and I would hope that
there would be other people out there that would hopefully get
involved in this so that we can get to the bottom of this and figure out
what's going on here in Collier County Government.
COMMISSIONER COLETTA: Okay. So do I have the support
for a letter or not; that's the whole question.
CHAIRMAN FIALA: Yes.
COMMISSIONER COLETTA: Okay. I see three nods.
Then the other part that I wanted to come back to you with is the
-- back at a previous meeting I brought up about the possibility of
finding a way to be able to waive zoning as it exists along with
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January 27,2009
additional impact fees for a period of seven to ten years for an
incubator-type business to be able to try to fill in some of the vacant
properties we've got out there to be able to spur things forward.
There seemed to be a little bit of interest in the whole thing, but
at that point in time we never -- we never directed staff as best --
MR. MUDD: Oh, no, you did.
COMMISSIONER COLETTA: We did? Forgive me. My
mistake. I didn't realize.
MR. MUDD: And Mr. Schmitt and staff is coming back to you
with that. That was part of my -- you talked about that at your
workshop. That was on my list when I met with the EDC, and Mr.
Schmitt had two of the items that you' specified. He's coming back to
the board on the particular issue.
COMMISSIONER COLETTA: Yeah. And the other part I
wanted to report to you, I've been keeping you abreast of one little
thing I was looking into, and that had to do with the possibility of
bonding out impact fees over an extended period of time. I talked to
you about it when I was thinking of going forward with it, and at that
point in time I briefed you the letter, the white paper that I put together
I sent to every one of the commissioners here also.
I had that meeting with members of the business community and
the builders' community. And to be honest with you, there was more
questions than there was answers. They were very interested but not
to the point where they were ready to say, yes, this is it. There wasn't
enough flesh on the bone.
The concern was if you have to finance it with bonds or you have
to finance it through a conventional mortgage, what's the difference?
Of course, the difference would be is that you're only going to pay for
X number of years on it for the amount of time you're in there.
I don't know where to take it past this point. Without -- and I
don't know if we want to put staffs time in this or if we want to just
hand it back to the EDC and the chamber of commerce.
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But I'm looking for your input on this before I go in any other
direction. I don't want to get any more involved until I hear from my
fellow commissioners.
CHAIRMAN FIALA: Oh, I'm sorry. Which one is first?
COMMISSIONER COYLE: Frank was first.
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: Well, here's what my concern is,
Commissioner. We hear a lot of static about impact fees and how
they're going to stimulate the economy. Until the banks release the
money, there's nothing going to happen. And furthermore, with the
amount of homes that are on the open market, and there's being more
commercial that is being put on the market, and there's not -- there
doesn't seem to be a real stimulus.
And when I look at the Sunday paper and I see that homes that
were priced at $350,000 are now at $199,000, and there's nothing
moving in this direction, I'm wondering if -- to me, that's a real
stimulus, 350,000 to 199,000. That addresses our affordable housing
Issue.
COMMISSIONER COLETTA: Yes, it does.
COMMISSIONER HALAS: And nothing seems to be moving,
okay. So I'm concerned about where we want to give -- release the
impact fees that we worked so hard to establish here in this county so
that we can go forward and make sure that the quality of life -- and
that we address the issues that our citizens have been concerned about
over the years.
COMMISSIONER COLETTA: And I agree with you 100
percent. I was talking about bonding them out, getting the money
upfront.
COMMISSIONER HALAS: We already got them bonded out.
Some of those impact fees are bonded.
COMMISSIONER COLETTA: No, we got them against -- but
the only thing I'm looking from you is, just say you don't think this is
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worth pursuing, and I'll go on to other things. That's the only thing,
you know. I mean, there's justifications for it. There was interest in it.
But I just want to -- I want to make sure that there is enough interest
on this commission for me and possibly to pursue it, and also if I'm
going to pursue it, I would need an allotted amount of staff time to be
able to get to the next step.
But, hey, you're the people that are going to make the final
decision, so enter in now and guide me along on this.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COLETTA: It's a big world out there.
COMMISSIONER COYLE: Yeah. Well, to answer your
question, I would say let's wait; and the reason I say that is, we already
have tasked the staff to go out and investigate all sorts of things with
respect to impact fees, including time payment plans, including time --
you know, financing those things. And it's my understanding they're
going to come back and give us a report the next --
MR. MUDD: Next meeting.
COMMISSIONER COYLE: -- meeting.
MR. MUDD: Eighth of February.
COMMISSIONER COYLE: So let's see what -- you know,
we've already tasked them. And they're meeting with representatives
-- well, the stakeholders. And so we'll have the benefit of the
stakeholders' input and the staffs analysis.
One of the suggestions I had made I've talked with staff about,
and after we've analyzed it, one of them doesn't seem to work, you
know, and maybe the bonding thing won't work either. But let's hear
their report, and then when we hear their report, we'll be in a better
position to determine what we should do after that.
COMMISSIONER COLETTA: I like that.
COMMISSIONER COYLE: But I -- I don't want to prejudge
any effort to do something good. But I think we've got so much going
on right now that we need to see that through for a few more weeks
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and then just, you know, react to it and provide the staff with
additional guidance, however it turns out.
COMMISSIONER COLETTA: I thank you for that.
And I have one last item, and I'll be quick about it. There's
concerns by certain elements of the Golden Gate Estates community,
and especially the Vanderbilt Beach corridor, but I'm not too sure who
all's playing into it, but I know the civic association has expressed
concerns over the fact that the Vanderbilt Beach Road corridor
cross-section that they're aiming for is an urban cross-section rather
than a rural one. And there's advantages and disadvantages to both.
And after hearing Norm Feder (sic) explain it, I think it's the right
direction that they're going with, with the fact that it's an urban one as
far as how much land's going to be taken and the impact on the
neighbors. There's other things that has to do with drainage. But the
whole thing is, there's a part of our community out there that's left
wondering where this is. I'd like us to direct staff to bring it back
under presentations, make a 10-minute presentation on it at a future
meeting just to be able to explain the difference between the urban and
the rural cross-section and the reasons for it for the Vanderbilt Beach
corridor.
COMMISSIONER HENNING: Yeah, I'd like that education.
COMMISSIONER COLETTA: Well, it's for the public, too, of
course.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: Thank you. That does it.
CHAIRMAN FIALA: You're seeing some nods here so we'll ask
Norm to please do that.
COMMISSIONER COYLE: Just a question. Wasn't that part of
our corridor management presentation?
MR. FEDER: From the corridor that we defined for you is about
a 200- foot corridor when we established the corridor and went out.
That requires basically the urban cross-section. It's about 300 feet if
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you were going to go within rural, but we'll be happy to come back
and go through that detail.
But yes, all along we've said that we're going to try to stay within
the 200- foot cross-section as we designed it. We've been able to do
that within 200 -- a couple places a little bit more -- to get back down
to grade, but it would be a much larger cross-section if we went to a
rural cross-section.
COMMISSIONER COYLE: Am I getting something confused?
Is it because I heard this presentation at the Productivity Committee
that I thought that we had had it at the Board of County
Commissioners' meeting?
MR. FEDER: No. Actually you're talking two different things, I
think, Commissioner. What you're talking about is our right-of-way
preservation corridor efforts. What we're talking about here is we
went to a 60 percent design meeting on the Vanderbilt corridor getting
ready to start acquiring other than whole-take parcels. There we
showed them what -- our design as established within that 200-foot
corridor, which does include curb and gutter and some retention areas
as well as a swale on the side, which is required to receive the water
coming to the facility.
If you were to go a rural cross-section, which you also evaluated,
instead of staying essentially within 200 feet, you'd be about 300 feet,
which would be generally 100 feet more of taking on either side of the
property and, therefore, more impactive.
MR. MUDD: To add one more thing. There's more to this
conversation besides feet, okay? Norman's and staffs tried to
minimize, especially when you're taking property or homes or
whatever, to minimize the cross-section that you need in order to
make a six-lane road. Urban cross-sections, 200-foot, as he explained.
A rural cross-section is 300- foot.
When you do the urban cross-section and you go 200-foot, you
also limit how fast you can go. You're now at 45 miles an hour. And
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we took a risk. The board took a risk when you upped the speed limit
on Immokalee.
MR. FEDER: Shh.
MR. MUDD: Yeah, you did. When you went from (sic)
Immokalee Road from 951 out to the fairgrounds when you increased
it by five miles an hour. If you keep it rural and take more land, you
can go at 55 miles an hour. You can go to 60, depending on the --
upon the -- where you're putting it.
So the amount of land that you take, okay -- if you do it urban,
you reduce your speed. That's the way it is. If you go rural and
spread out, then you have places to go on shoulders, you can go over
the medians and not flip over and those kind of things. You can go
faster.
And so, you get into a point in time -- there is a tradeoff, and the
tradeoff is right-of-way space and speed that you can go on the
particular road that you design.
But Norman can bring that back and lay it all out for you.
MR. FEDER: And impact to property.
MR. MUDD: Yeah.
COMMISSIONER HENNING: No, it's my turn.
MR. MUDD: Do I have three nods to have Norman come back
and tell you --
CHAIRMAN FIALA: Yeah, uh-huh.
MR. MUDD: -- just what I told you?
COMMISSIONER COYLE: No. I've heard it all before.
COMMISSIONER COLETTA: Yes, yes.
MR. MUDD: Or he can give you -- he can send the board a
memo. But if it's --
COMMISSIONER COLETTA: No. I need it on the television
so that I can have a link to it for the civic association to be able to see
the reason why.
MR. MUDD: Fine. We can bring that back instead of having a
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construction presentation. One meeting we could have Norman --
COMMISSIONER COYLE: Why don't we set up a workshop
for Commissioner Coletta on his television station channel.
COMMISSIONER COLETTA: I like it. I can have
Commissioner Coyle's proxy to be able to move forward.
MR. FEDER: With all due respect, seriously, if that's really what
we're trying to accomplish, we'd be happy to provide a memo to the
board and go on the county television, which we could use in that
form, along with the commissioner and make that explanation. I think
that gets at what you're trying to do more directly, but we'll do it at the
pleasure of the board.
But honestly, I'd rather send you a memo on the particulars, show
you the cross-sections as a board, then go onto the TV with
Commissioner Coletta for his purposes, and then if the board looking
at the information wants a further explanation beyond that, we'd be
happy to come to the board.
COMMISSIONER COLETTA: Thank you. And while I -- I
only said I have three items, I do want to tell you -- give you a coming
attraction for the next comments that's going to take up at the next
meeting. I want to discuss MSTU's for mediums (sic) as far as how
we plant them and maintain them in the future. Data, that's it.
CHAIRMAN FIALA: All righty. Good. At least you're giving
us a heads-up on that.
COMMISSIONER COLETTA: Yes.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Is that in small, mediums and
large?
COMMISSIONER COLETTA: That's whatever you like.
COMMISSIONER HENNING: Well, you know, I was pretty
close until we got to Item 15.
I met with a constituent -- pretty excited about this item. He was
-- he's part of an HOA who was tasked to take a look at energy
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efficiencies within the community. Ironically, FP&L guided him to
this company here in Naples. On their streetlights they provide --
instead of the sodium lights, they provide LED lights. The payback is
in a year and a half.
Speaking to Mr. Feder, FP&L requires -- there's no -- there's a set
fee for streetlights. And I don't know if we could work on that to
where we could get them metered instead of a fixed fee.
But we do have the community of Immokalee that is not serviced
by FP&L. There could be a cost savings there. But also I'd like to
give this information to the County Manager. You have, you know,
your parks and your -- all your ball fields and maybe some of the
facilities such as North Naples Regional Park where you have street-
lighting in there, and kind of give us a report.
Actually, I think it's a real good news item. And besides, I'm told
it reduces our carbon footprint so we can slow down the climate
change.
I have a relative that is going to go back up to climate change in
about another week or two, so -- that's all I have.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: I wouldn't dare.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yeah, just one question. Getting
back to what Commissioner Coletta was talking about where we buy
additional right-of-way. Does this mean we'll have to take more
homes?
COMMISSIONER COLETTA: I'm sorry. I never proposed we
buy additional right-of-way. Gosh, you're trying to get me lynched?
COMMISSIONER HALAS: Well, you're saying 300-foot
right-of-way.
MR. MUDD: If the board decides to do a rural footprint instead
of an urban footprint, then, yes, you would have to buy more
right-of-way.
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January 27,2009
COMMISSIONER HALAS: Yeah.
MR. MUDD: Okay. And that's one of the things that you have
to -- the biggest issue that I believe that Commissioner Coletta's got
exactly what I described. You have a speed issue. Urban
cross-sections you have a limited speed. You don't want to get more
than 50 miles an hour; 45 is preferred. Rural cross-sections you can
go 55, 65 on them, but you've got a bigger area. So the car pulls off to
the side or can pull off to the median or whatever. If you've got a
curb, you go over a curb in an urban section and it causes some really
COMMISSIONER HALAS: I understand. I'm just --
MR. MUDD: That's the bottom line.
COMMISSIONER COYLE: I got to follow up on that.
CHAIRMAN FIALA: So it ought to be interesting when the
report comes back; is that what you're trying to tell us?
COMMISSIONER COLETTA: Honest to God, I just want a
report. I don't want anybody to change anything.
COMMISSIONER COYLE: I got to follow up on that.
COMMISSIONER COLETTA: Of course.
COMMISSIONER COYLE: This is getting very, very confusing
for me, and if we do this to the public we're probably all going to get
lynched.
COMMISSIONER HALAS: Get lynched.
COMMISSIONER COYLE: So I would be very careful about
going on television and saying anything about broadening or even talk
about going to an urban cross-section -- or rural cross-section.
I think you'd be far better off having Tindale of Tindale and
Oliver give his presentation about corridor management. That's a far
smarter way to present it to the public because what it does is it
minimizes the future taking of homes.
MR. FEDER: Which is what we've done.
COMMISSIONER COYLE: Okay. Now, the problem is that
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I've been sitting here asking questions about, has anybody made this
corridor management presentation, and everybody, you know, has a
blank look on their face.
MR. FEDER: We have, and we have on this corridor
specifically. The only thing I said differently is we have gone further
on this corridor because we're in 60 percent design plans. That's
general. We've done that. We did that many times, as you know,
before we came to the board.
We now have this corridor preservation. We're raising that out to
the community. This is one ofthose corridors we're going to place
that on, and so that presentation will be made in some more detail,
regardless of this discussion in general on corridor management. We
raised those issues during the process. We had 60 percent design.
So in answer to your question, Commissioner, I agree. That
information we're going to get out to the public as part of our corridor
management efforts. We've already had some meetings.
This one went further though because we went to 60 percent
design plans is the only thing I was pointing out.
CHAIRMAN FIALA: From here on in, I'm not calling on you
first.
COMMISSIONER COLETTA: Oh, my gosh. I'm telling you.
Please don't.
MR. FEDER: Again, I've got to raise to the board just for the
discussion that you're having here and even Commissioner Coyle's
comments, I still would request that you tell me if you want me to
come to the board, I will, but we're raising this whole thing into
another agenda item again. On many occasions we've had it.
My question is, do you want information on this so it's clear, we
don't confuse anyone on this, and then I meet with Commissioner
Coletta and do what we need to make sure the community hears about
corridor management as well as specifically the design on thisÍcorridor?
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January 27,2009
COMMISSIONER COLETTA: Got it.
COMMISSIONER COYLE: Well, everybody needs to
understand what corridor management is.
MR. FEDER: I agree.
COMMISSIONER COYLE: Okay.
MR. FEDER: I agree.
COMMISSIONER COYLE: But you don't need to go to the
people on Vanderbilt Beach Road and lead them to the opinion that
you are going to be taking more property and more homes.
MR. FEDER: No. We specifically told them that we didn't do
the rural because of just that.
COMMISSIONER COYLE: Okay, all right. Good.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: I don't know how we got off the
conversation of talking about Vanderbilt Beach extension when we
were talking about Gulfshore Boulevard, right?
COMMISSIONER COLETTA: Actually, I thought it was
Livingston.
COMMISSIONER HENNING: Livingston. Oh, was it
Livingston?
COMMISSIONER COLETTA: It was Livingston, right.
COMMISSIONER HENNING: Or was it --
COMMISSIONER COLETTA: Only with the months with an R
in it?
COMMISSIONER HENNING: Was it Gulfshore Drive?
CHAIRMAN FIALA: I think we're getting a little punching,
okay.
And Commissioner Coletta, are you done? Are you finished?
MR. MUDD: I think you're the only commissioner left.
COMMISSIONER COLETTA: I'm done as much as I want to
be. If no one else wants to talk about the subject, I really don't either.
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Item #11 - Continued from earlier in the Meeting
PUBLIC COMMENTS ON GENERAL TOPICS
CHAIRMAN FIALA: Okay. But we had a gentleman walk in
who drove in from Immokalee to speak under public comment, and
although we're all ready to leave, I don't know how much audience
you'll have, I'll give you three minutes, please. And if I need to, I'll
relinquish my own time.
MR. HEERS: I don't think that will be necessary.
CHAIRMAN FIALA: I know I don't have to.
MR. HEERS: My name is Rick Heers. I'm the executive
director ofI-HOPE. You folks did us a great honor by giving us a
special proclamation about a month and a half ago or so.
But I wanted to come and speak to you today about some
challenges that we've been having to try to provide affordable
housing. You folks, again, have shown us a lot of trust by approving
grants through the CDBG/DRI-l projects. But I come today
representing One-by-One Leadership Foundation that's building the
first four homes under this project, one with SHIP funds and another
with CDBG/DRI-l monies, and I'm on the board of One- by-One
Leadership and helped write the grant that was approved, but I'm also
coming on behalf ofI-HOPE as the executive director.
And I just want to give you a brief historical synopsis of our
challenges. In June of 2006, our contract was drafted, and -- or I'm
sorry. We submitted a bid and were approved, and our contract was
drafted in the fall of 2006 and was to go forward to you folks in
December of 2006.
After months of delays due to issues between Collier County and
DCA, the contract was approved by the board in November of2007
after we had to replace all of the paperwork for the grant that had been
lost somewhere in the internal organs of the Collier County. We did
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January 27,2009
that at the -- it extended our time a little bit.
The new housing and human services director very kindly
predated our contract document to May of 2007 in order to allow us to
include the -- many of the preconstruction costs, such as planning,
qualification contractor engagement, and systems design.
One was -- One-by-One was able to send our RFP's and engage a
contractor in March of 2008, and in April of 2008, submitted a
reimbursement on those preconstruction costs.
After three-and-a-halfweeks, we were -- we inquired at a staff
level why we hadn't received any word and were informed that all of
our preconstruction activities were reclassified as administrative costs
which were not covered by DRI regulations and DCA's
interpretations.
So after explaining our situation with DCA and HUD, HUD staff
member by the name of Linda White -- we do have documentation of
these emails and conversations -- we were told that if, indeed, our
activities were what we described, then they are allowable costs. And
she said that we should file a formal complaint; however, after these
discussions --
CHAIRMAN FIALA: You're all done already. I don't know
what you were here for, sir.
COMMISSIONER COLETTA: Yeah. Can I ask --
MR. HEERS: We have had --
COMMISSIONER COLETTA: The Clerk's not paying him.
MR. HEERS: It is -- we've only gotten $20,000 -- we've
completed our first of four houses, and we've only gotten $20,000 out
of the -- from the Clerk's office from our -- when we signed our
contract, we got $20,000, and we've gotten no more.
And we also have -- we've met all the obligations. We responded
excitedly to staff that said we would -- we're going to have a training
session to teach all of you people that are doing funds how to properly
fill out all the forms and meet all the dead- -- so we -- I had three of
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my staff ready to go. They canceled the meeting at the last minute.
And we said, well --
COMMISSIONER COLETTA: Who's they, Rick? They?
Who's they?
MR. HEERS: Marcy Krumbine called us and said it was
canceled and that she didn't know if or when there would be another
training session schedule, which we thought was a wonderful idea to
try to alleviate these problems with saying, oh, you've got to fill out
this form or that form or you've got to change this or change that.
Well, then subsequently, you folks approved I-HOPE getting a
refund, if you'll recall, of permitting fees. It took us four months last
year to get our funds after we submitted all the paper. Once again,
after four week -- after eight weeks, I called and said, why haven't we
gotten our monies? Oh, we've lost your forms.
COMMISSIONER HALAS: Who lost the forms?
MR. HEERS: We were told the -- again, I was told this by
Marcy Krumbine, that all of our forms were lost somewhere and we
needed to resubmit them, which we did. And again, a month later,
four months after we initially submitted them, we finally got our
reimbursement. October 28th, I brought down personally all of the
paperwork and the requesting almost $7,000 worth of reimbursement
for permits that we had used.
And I called the end of December and they said, oh, there's been
a glitch in the -- Marcy said there's a glitch in the system. You'll have
-- you'll get your money, but you need to call us sooner when you've
not -- when you don't get your money.
And here it is, end of January, and we don't have the money. I
was -- I had sent out a notice to my board that we were shutting down
our operations because we're out of money because some of our
faith-based funders tomorrow are finally going to be sending us our
funds that should have been here in December.
So we operate on a very tiny budget, and we cannot keep
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extending ourselves. We're going to have to stop the work that we're
doing. And we appreciate -- you folks have done a wonderful job of
approving these -- this help.
COMMISSIONER HALAS: I think it's --
CHAIRMAN FIALA: Yeah. Everybody wants to talk, and -- so
we'll have to ask you to stop talking, okay.
MR. HEERS: Thank you.
CHAIRMAN FIALA: Commissioner Coyle and Commissioner
Halas.
COMMISSIONER COYLE: Look, there's a simple solution to
this. Ask the County Manager to have Marcy Krumbine specifically
identify what the problem is, and if it is with the Clerk, then you're
going to have the most wonderful experience you've ever had in your
life. You can go over and sit down with the Clerk and he'll tell you
how anxious he is to help you, and then you'll leave and you still won't
get paid, okay.
But we've gone through this with other people who have the
same problem. We have no control over the Clerk. If we did, things
would move a lot more efficiently in this county.
But nevertheless, since Marcy Krumbine is the person who has
been giving you the reasons for these problems, we need to find out if
it's Marcy Krumbine's problem or if it's the Clerk's problem. And the
County Manager is the only one who can do that. We can't make a
decision about that, okay?
MR. HEERS: Okay.
CHAIRMAN FIALA: And Commissioner Halas, before you
take off. He's clutching his books.
COMMISSIONER HALAS: Yep.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: That's exactly what I was going to
MR. HEERS: Thank you.
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January 27, 2009
COMMISSIONER HALAS: -- refer to is that, as you said, they
lost the forms, and I'm trying to figure out who's they.
MR. HEERS: Me too.
COMMISSIONER HALAS: Well, if it's the transition from
Marcy Krumbine's desk to the Clerk, then that's where the problem
lies, okay.
MR. HEERS: Thank you.
CHAIRMAN FIALA: Okay. Commissioner--
MR. HEERS: Thank you for allowing me to speak.
CHAIRMAN FIALA: -- Henning.
COMMISSIONER COYLE: County Manager's going to work
that out for you.
MR. HEERS: Thank you.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: I guess the comment that I heard
that is concerning is about backdating documents, and I'd like to get to
the bottom of that.
CHAIRMAN FIALA: Okay. Can you talk with the County
Manager on that afterwards? I'm sure he'll help you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I think the County
Manager's the right person to go, and I believe that we're all
universally tasking him to figure out what's going on and to resolve
this. End of story.
CHAIRMAN FIALA: Okay, fine. Thank you.
MR. HEERS: Thank you.
CHAIRMAN FIALA: Everybody will be talking to you.
MR. HEERS: I appreciate you allowing me to come in late.
CHAIRMAN FIALA: Commissioners, I appreciate your
patience. It dragged out near the end. I tried to keep it on task, and --
COMMISSIONER COYLE: It's still dragging.
COMMISSIONER COLETTA: Motion to adjourn.
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January 27,2009
COMMISSIONER COYLE: Motion to adjourn.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. Then I won't give you my
comments.
COMMISSIONER COLETTA: Oh, no. Please do.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: Withdraw my motion.
CHAIRMAN FIALA: It's all right. It's all right. I'll save them
till next time.
COMMISSIONER COLETTA: No, no. We're not going to
move till you give them to us.
COMMISSIONER HENNING: I was waiting for those.
COMMISSIONER COLETTA: This is the high point of the day.
CHAIRMAN FIALA: Yeah. Just wanted to thank you all for
your help in making this a really great meeting and for your patience
and see you next time.
COMMISSIONER HENNING: You want a motion to adjourn?
CHAIRMAN FIALA: Motion to -- yes.
COMMISSIONER HENNING: Yes.
COMMISSIONER COLETTA: Yes.
COMMISSIONER HALAS: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. Motion to adjourn by
Commissioner Henning, second by Halas and Coletta. We're
adjourned.
****Commissioner Henning moved, seconded by Commissioner
Halas and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16Al
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January 27, 2009
FINAL AND UNCONDITIONAL CONVEYANCE OF THE
WATER UTILITY FACILITY FOR TREVISO BAY GOLF
COURSE MAINTENANCE FACILITY - W /RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY
Item # 16A2
FINAL AND UNCONDITIONAL CONVEYANCE OF THE
WATER UTILITY FACILITY FOR PROMENADE AT NAPLES
CENTRE - W /RELEASE OF ANY UTILITIES PERFORMANCE
SECURITY
Item #16A3
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITY
FOR TREVISO BAY AT SOUTHWEST BOULEVARD -
W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY
Item #16A4
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR PRESERVE COMMONS - W/RELEASE OF
ANY UTILITIES PERFORMANCE SECURITY
Item #16A5 - Moved to Item #10J
Item #16A6
THIS ITEM REQUIRES THAT EX PARTE DISCLOSURE BE
PROVIDED BY COMMISSION MEMBERS. HAD A HEARING
BEEN HELD ON THIS ITEM, ALL PARTICIPANTS ARE
REQUIRED TO BE SWORN IN. RECORDING THE FINAL PLAT
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January 27, 2009
OF DIAMANTE ESTATES DI NAPOLI, APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY - W /STIPULA TIONS
Item #16A7
BLAS ELIAS AND BERT EISENBUD, OF E'S COUNTRY
STORE, REQUESTS A TEMPORARY USE PERMIT IN
ACCORDANCE WITH THE PROVISIONS OF THE LAND
DEVELOPMENT CODE (LDC) FOR TWENTY-EIGHT
CONSECUTIVE WEEKENDS (SATURDAY AND SUNDAY),
AL TERNA TING BETWEEN THE LOCATION AT THE CORNER
OF GOLDEN GA TE BOULEVARD AND WILSON
BOULEVARD, SECTION 03, TOWNSHIP 49 SOUTH, RANGE 27
EAST, AND THE LOCATION AT THE CORNER OF OIL WELL
ROAD AND IMMOKALEE ROAD, SECTION 23, TOWNSHIP 48
SOUTH, RANGE 27 EAST, FIVE ADDITIONAL MONTHS
BEYOND THE SUM TOTAL TWENTY-EIGHT DAY TIME
LIMIT THAT IS ALLOWED BY THE LDC DURING THE 2009
CALENDAR YEAR TO OPERATE A MOBILE SMOKEHOUSE
COOKER, AND TO ALLOW THE APPLICANT TO PAY THE
TWO HUNDRED DOLLAR FEE, PER LOCATION, TO
ENCOMPASS THE ENTIRE REQUESTED LENGTH OF TIME -
FOR OPERATING A PORTABLE SMOKER, SERVING ONLY
CUSTOMERS IN THE CONVENIENCE STORE AND IN
COMPLIANCE WITH ALL STATE HEALTH REGULATIONS
Item # 16A8
RESOLUTION 2009-13: FINAL APPROVAL OF THE
ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR
Page 200
January 27,2009
THE FINAL PLAT OF MISSION HILLS SHOPPING CENTER
WITH THE LOOP ROAD AND ASSOCIATED DRAINAGE
IMPROVEMENTS BEING MAINTAINED BY COLLIER
COUNTY. THE PROPERTY OWNERS ASSOCIATION WILL
MAINTAIN THE INTERNAL PAVING AND DRAINAGE
IMPROVEMENTS WITHIN THE SHOPPING CENTER -
W /RELEASE OF THE MAINTENANCE SECURITY
Item # 16A9
AN IMPACT FEE REIMBURSEMENT REQUESTED BY STOCK
CONSTRUCTION ON BEHALF OF PLAYERS COVE
DEVELOPMENT, LLC, TOTALING $58,262.16, AND A
REIMBURSEMENT OF THE ALLOWANCE FOR FUNDS
PRUDENTLY INVESTED TOTALING $2,229.32 DUE TO THE
CANCELLATION OF A BUILDING PERMIT - PERMIT NO.
2008051917 CANCELLED ON AUGUST 21, 2008
Item #16AI0
WAIVING THE ASSESSMENT OF LOT MOWING COSTS
RELATED TO PROPERTY LOCATED AT 18523 ROYAL
HAMMOCK BLVD., COLLIER COUNTY, FLORIDA, CODE
ENFORCEMENT CASE NUMBER CENA20080012474 - IN THE
AMOUNT OF $125 FOR A PORTION OF THE PROPERTY THAT
WAS TEMPORARILY UNDER WATER
Item #16All
RELEASE AND SA TISF ACTIONS OF CODE ENFORCEMENT
LIENS FOR PAYMENTS RECEIVED - COST FOR RECORDING
IS $10.00 PER RELEASE. TOTALING $190.00
Page 201
January 27, 2009
Item #16A12 - Continued to the February 10,2009 BCC Meeting
AN AMENDMENT REVISING ORDINANCE NUMBER
05-44 TO CLARIFY THE REQUIREMENTS FOR THE SPECIAL
MAGISTRATE'S ROLE IN THE IMPOSITION OF NUISANCE
ABATEMENT LIENS
Item #16Bl
EASEMENT AGREEMENT FOR THE PURCHASE OF A
PERPETUAL ROAD RIGHT-OF-WAY DRAINAGE AND
UTILITY EASEMENT REQUIRED FOR THE V ANDERBIL T
BEACH ROAD EXTENSION PROJECT NO. 60168, PHASE II
(FISCAL IMPACT: $11,900) - FOR A .38 PORTION OF AN
ACRE LOCATED IN TRACT 90 GOLDEN GATE ESTATES,
UNIT 17
Item #16B2
CONTRACT #09-5121, TO AZTEK COMMUNICATIONS,
PRECISION CONTRACTING SERVICES, INC., AND OSP
MANAGEMENT, INC. FOR FIBER OPTIC INSTALLATION,
MAINTENANCE AND REPAIR. ANNUAL EXPENDITURES
ARE ESTIMATED AROUND $750,000 - FOR ROUTINE AND
EMERGENCY WORK DISTRIBUTED AND BASED ON THE
QUOTE FOR SERVICES AND ABILITY TO MOBILIZE IN
EMERGENCIES
Item #16B3
BID #09-5160, AIRPORT ROAD (COUGAR TO VANDERBILT
BEACH ROAD) ROADWAY GROUNDS MAINTENANCE TO
Page 202
January 27,2009
HANNULA LANDSCAPING AND IRRIGATION, INC. IN THE
ESTIMATED ANNUAL EXPENDITURE OF $76,767.65 (FUND
NO. 111 COST CENTER NO. 163865) - FOR APPROXIMATELY
2.6 MILES OF LANDSCAPING AND IRRIGATION
Item # 16B4
BID #09-5153, GOLDEN GATE BEAUTIFICATION MSTU/MSTD
ROADWAY GROUNDS MAINTENANCE TO HANNULA
LANDSCAPING & IRRIGATION, INC. IN THE AMOUNT OF
$267,418.64 - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16B5
BID #09-5152 IMMOKALEE ROAD (TAMIAMI TRAIL NORTH
TO STRAND BL VD.) ROADWAY GROUNDS MAINTENANCE
TO HANNULA LANDSCAPING AND IRRIGATION, INC. IN
THE ESTIMATED ANNUAL EXPENDITURE OF $90,525.48
(FUND NO. 111, COST CENTER NO. 163888) - FOR
APPROXIMATEL Y 3.5 MILES OF LANDSCAPING AND
IRRIGATION
Item #16B6
BID #09-5040R, INCLUDING ALTERNATE #1, FOR
CONSTRUCTION OF OLD US 41 STORMW A TER
IMPROVEMENTS PHASE 2, PROJECT #511331 TO DAVID
FOOTE ENVIRONMENTAL CONSTRUCTION, INC. IN THE
AMOUNT OF $645,982.75 PLUS A 10% CONTINGENCY-
LOCATED WITHIN THE ROAD RIGHTS-OF-WAY SOUTH OF
THE COLLIER COUNTY AND THE LEE COUNTY LINE
CONTINUING SOUTH TO THE INTERSECTION OF OLD US 41
Page 203
January 27,2009
AND NEW US 41
Item #16B7
BID #09-5108, "ANNUAL CONTRACT FOR CONCRETE
SIDEWALK AND CURB MAINTENANCE" TO BQ CONCRETE,
LLC AS PRIMARY VENDOR AND DESIGN-BUILD
ENGINEERS AND CONTRACTORS, INC. AS SECONDARY IN
THE ESTIMATED ANNUAL AMOUNT OF $150,000 - FOR THE
MAINTENANCE OF CONCRETE SIDEWALKS AND CURBS
ON COUNTY ROADWAYS
Item #16B8
BID #09-5150, CONSTRUCTION OF ST. ANDREWS
BOULEVARD PHASE II STORMW A TER IMPROVEMENTS,
PROJECT #51140.1 TO HASKINS, INC. IN THE AMOUNT OF
$138,863.50 PLUS A TEN PERCENT CONTINGENCY -
LOCATED WITHIN THE ST. ANDREWS BOULEVARD ROAD
RIGHTS-OF-WAY AND PLATTED DRAINAGE EASEMENT
WITHIN THE LEL Y GOLF ESTATES UNIT NO.2
Item #16B9
RESOLUTION 2009-14: A SUBCONTRACTED
TRANSPORTATION PROVIDER (STP) AGREEMENT,
FINANCIAL PROJECT NUMBER 41604318201 BETWEEN
COLLIER COUNTY AND THE FLORIDA COMMISSION FOR
THE TRANSPORT A TION DISADV ANT AGED FOR AN AWARD
IN THE AMOUNT OF $251,519.00 FOR THE PROVISION OF
TRANSPORTATION FOR QUALIFIED MEDICAID RECIPIENTS
- FOR THE MONTHS OF JANUARY, 2009 THROUGH JUNE,
Page 204
January 27, 2009
2009 FOR NON-EMERGENCY TRANSPORTATION SERVICES
Item #16Cl
WITHDRAWAL OF THE IMMOKALEE DISPOSAL, INC.
PETITION FOR AN EXTRAORDINARY RATE INCREASE
ASSOCIATED WITH FUEL COSTS - FOR THE FOLLOWING
REASONS: FUEL COSTS HAVE DECREASED AND
IMMOKALEE DISPOSAL DID NOT WISH TO DISCLOSE
THEIR FINANCIAL INFORMATION IN DETAIL AS OUTLINED
IN THE FRANCHISE AGREEMENT FOR DISTRICT II
Item # 16C2
RESOLUTION 2009-15: A SOUTH FLORIDA WATER
MANAGEMENT DISTRICT AL TERNA TIVE WATER SUPPLY
GRANT IN THE AMOUNT OF $500,000 FOR PARTIAL
FUNDING OF THE CONSTRUCTION OF THE NORTH
COUNTY REGIONAL WATER TREATMENT PLANT AND
SOUTH COUNTY REGIONAL WATER TREATMENT PLANT
SAND SEPARATORS, PROJECT #71052 - FOR FILTERING THE
RAW WATER SUPPLY THEREBY INCREASING THE LIFE OF
THE DOWNSTREAM CARTRIDGE FILTER ELEMENTS
Item #16C3
CERTIFICATION OF FINANCIAL RESPONSIBILITY FOR THE
PERMIT RENEWAL OF THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION PERMIT FOR INJECTION
WELL #2 AT THE NORTH COUNTY REGIONAL WATER
TREATMENT PLANT IN THE AMOUNT OF $461,011-
REQUIRES RENEWAL EVERY FIVE YEARS FOR THE
Page 205
January 27, 2009
DISPOSAL OF CONCENTRATED WASTE STREAM CREATED
WHEN TREATING WATER
Item #16C4 - Moved to Item #10L
Item #16C5
BID #08-5097, "ANNUAL CONTRACT FOR CHLORINATOR
EQUIPMENT MAINTENANCE" TO WATER TREATMENT &
CONTROLS, COMPANY IN THE ESTIMATED ANNUAL
AMOUNT OF $80,000 - TO PROVIDE PREVENTATIVE AND
REACTIVE MAINTENANCE AT PUMPING SITES WITHIN
COLLIER COUNTY
Item # 16C6
BUDGET AMENDMENT IN THE AMOUNT OF $65,000.00 TO
FUND THE CLOSE-OUT OF THE PELICAN BAY FIRE &
IRRIGATION WATER SYSTEM IMPROVEMENTS PROJECT
#74023 - ENSURING LONG-TERM RELIABILITY OF PELICAN
BAY'S FIRE PROTECTION WATER SYSTEM BY
CONVERTING THE FIRE PROTECTION WATER SUPPLY
WITHIN PELICAN BAY FROM IRRIGATION QUALITY TO
THE COUNTY'S POTABLE WATER SYSTEM
Item #16Dl
PARKING LICENSE AGREEMENT WITH VANDERBILT REAL
ESTATE HOLDINGS, LP, FOR TEMPORARY PARKING FOR
BEACH MAINTENANCE EQUIPMENT AT AN ANNUAL COST
OF $6,000 - LOCATED AT 239 VANDERBILT BEACH ROAD,
FOR A THREE YEAR TERM BEGINNING NOVEMBER 1, 2008
Page 206
January 27,2009
AND ENDING OCTOBER 31, 2011
Item # 16D2
LIEN AGREEMENT WITH EDGAR DOMINGUEZ MARTIN
AND BARBARA DOMINGUEZ (OWNERS) 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 -
DEFERRING $29,948.82, PROPERTY BEING DEVELOPED BY
HABITAT FOR HUMANITY LOCATED AT 5301 JENNINGS ST.
Item #16D3
RESOLUTION 2009-16: APPOINTING REPRESENTATIVES TO
THE DEPARTMENT OF ENVIRONMENTAL PROTECTION'S
DIVISION OF RECREATION AND PARKS ADVISORY GROUP
ESTABLISHED FOR THE PURPOSE OF UPDATING THE
DELNOR-WIGGINS PASS STATE PARK MANAGEMENT PLAN
- APPOINTING COMMISIONER FRANK HALAS, DISTRICT #2
AND MARLA RAMSEY, PUBLIC SERVICE ADMINISTRATOR,
AS THE ALTERNATE
Item #16D4
AGREEMENT PROVIDING A $250,000 STATE HOUSING
INITIATIVE PARTNERSHIP (SHIP) GRANT TO HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC. FOR THE
ACQUISITION AND/OR REHABILITATION OF AT LEAST
FIVE (5) RESIDENTIAL DWELLING UNITS TO BENEFIT
HOUSEHOLDS EARNING LESS THAN 120% OF THE AREA
MEDIAN INCOME - TO BE COMPLETED WITHIN TWELVE
Page 207
January 27, 2009
(12) MONTHS FROM THE DATE OF THE AGREEMENT
Item #16D5
SUMMARY OF IMPACT FEE DEFERRAL AGREEMENTS
RECOMMENDED FOR APPROVAL IN FY09, INCLUDING THE
TOTAL NUMBER OF AGREEMENTS APPROVED, TOTAL
DOLLAR AMOUNT DEFERRED AND THE BALANCE
REMAINING FOR ADDITIONAL DEFERRALS IN FY09 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item # 16D6
SUB RECIPIENT AGREEMENT FOR $275,000 WITH THE
COLLIER COUNTY HOUSING AUTHORITY (CCHA) TO
PROVIDE TENANT BASED RENTAL ASSISTANCE (TBRA)
FOR APPROXIMATELY 38 LOW INCOME FAMILIES IN
COLLIER COUNTY AND COMPRISED OF $250,000 IN HOME
INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS
AND $25,000 IN MARCO ISLAND AFFORDABLE HOUSING
TRUST FUNDS - PROVIDING UP TO ONE (1) YEAR TENANT
BASED RENTAL ASSISTANCE FOR ELIGIBLE
PARTICIPANTS
Item #16D7 - Withdrawn
LIEN AGREEMENT WITH JEAN BAPTISTE SERGOT
SOUVERAIN AND MARIE EDITH SOUVERAIN (OWNERS)
FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING
UNIT LOCATED AT LOT 38, LIBERTY LANDING,
IMMOKALEE - DEFERRING $12,442.46 IN IMPACT FEES
Page 208
January 27,2009
Item #16D8
SUBMITTAL OF A 4-H FOUNDATION, INC. GRANT
APPLICATION REQUESTING $50,881.00 FOR 4-H OUTREACH
COORDINATORS AND THE ENHANCEMENT OF OUTREACH
ACTIVITIES MANAGED BY THE COLLIER COUNTY
UNIVERSITY OF FLORIDA/IFAS EXTENSION DEPARTMENT
- PROVIDING EDUCATIONAL ACTIVITIES IN SCHOOL AND
AFTER SCHOOL IN COLLIER COUNTY COMMUNITIES
Item # 16D9
AGREEMENT WITH COLLIER HEALTH SERVICES (CHS) FOR
$221,603 AND AN AGREEMENT WITH THE AGENCY FOR
HEALTH CARE ADMINISTRATION (AHCA) TO PARTICIPATE
IN THE LOW INCOME POOL PROGRAM WHICH WILL
GENERATE AN ADDITIONAL $275,265 IN FEDERAL
MATCHING FUNDS PAID DIRECTLY TO COLLIER HEALTH
SERVICES FOR MEDICAL SERVICES FOR THE MOST
MEDICALL Y NEEDY IN COLLIER COUNTY - COVERING
THE PERIOD JULY 1, 2008 THROUGH JUNE 30, 2009 FOR
SERVICES AT THE MIKE DAVIS MEDICAL CENTER
(FORMERLY HORIZONS) AND OTHER FEDERALLY
QUALIFIED SITES
Item #16DI0
BCC CHAIRMAN, ACTING AS CERTIFYING OFFICER, TO
SIGN A DELEGATION OF AUTHORITY FORM, DESIGNATING
THE DIRECTOR OF HOUSING AND HUMAN SERVICES AS
THE CERTIFYING OFFICER FOR ENVIRONMENTAL
REVIEWS REQUIRED FOR FEDERALLY FUNDED GRANT
Page 209
January 27, 2009
PROJECTS - DELEGATING MARCY KRUMBINE AS COLLIER
COUNTY'S RESPONSIBLE FEDERAL OFFICIAL
Item #16Dll
AMENDMENT #1 TO A SUBRECIPIENT AGREEMENT WITH
BIG CYPRESS HOUSING CORPORATION'S HOME
INVESTMENT PARTNERSHIP PROGRAM (HOME) AND
CHDO'S "SET ASIDE FOR (55) FIFTY-FIVE UNITS" PROJECT
APPROVED NOVEMBER 13,2007 (ITEM #16D28) FOR $250,000
WHICH WILL ALLOW FOR THE FINAL PAYMENT OF $47,488
TO BE MADE TO BIG CYPRESS AS REIMBURSEMENT FOR
EXPENSES INCURRED FOR ELIGIBLE COSTS ASSOCIATED
WITH THE AGREEMENT EVEN THOUGH LEASING OF THE
UNITS IS NOT COMPLETE - FOR THE RESERVE AT EDEN
GARDENS (CONTRACT #M-07-UC-12-0017) FOR MIGRANT
WORKERS IN THE IMMOKALEE AREA
Item #16D12
BUDGET AMENDMENT TOTALING $317,667.32 FOR THE
CR 951 BOAT RAMP PARKING LOT EXPANSION PROJECT-
DUE TO SUBSTANTIAL PROJECT ENHANCEMENTS AND
REGULA TORY AGENCY REQUIREMENTS
Item #16El
PUBLIC ASSISTANCE SUB-GRANT AGREEMENT FOR TS
FAY SO THE COUNTY CAN SUBMIT TO FEMA FOR
REIMBURSEMENT OF $15M - PROVIDING FEDERAL AND
STATE REIMBURSEMENT ASSISTANCE FOR EXPENSES
INCURRED DURING THE PREPARATION AND RECOVERY
Page 210
January 27,2009
OF TROPICAL STORM FAY IN AUGUST, 2008
Item #16E2 - Moved to Item #10K
Item # 16E3
AWARD RFP #08-5131, "SECURITY SERVICES" TO
W ACKENHUT CORPORATION FOR GOVERNMENT
SECURITY SERVICES AT AN ESTIMATED ANNUAL COST OF
$995,237 - FOR A ONE (1) YEAR PERIOD PROVIDING
SECURITY SERVICES AT THE COUNTY COURTHOUSE,
GOVERNMENT BUILDINGS AND ASSORTED PUBLIC
FUNCTIONS
Item # 16E4
PAYMENT OF GROUP INSURANCE ACTUARIAL
CONSUL TING FEES TO WILLIS, INC. IN THE AMOUNT OF
$61,772.50 - FOR ACTUARIAL WORK COMPLETED IN FY08
FOR THE IMPLEMENT A TION OF THE NEW INCENTIVE
BASED WELLNESS PROGRAM
Item #16E5
RESOLUTION 2009-17: AUTHORIZING THE COMMISSION
CHAIRPERSON TO EXECUTE DEED CERTIFICATES FOR THE
SALE OF BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL
GARDENS CEMETERY DURING THE 2009 CALENDAR YEAR
- ON LITTLE LEAGUE ROAD IN IMMOKALEE
Item # 16E6
Page 211
January 27, 2009
FIRST AMENDMENT TO LEASE AGREEMENT WITH
OVERSEAS DEVELOPMENT CORPORATION FOR THE
CONTINUED USE OF TEMPORARY OFFICE SPACE FOR THE
GUARDIAN AD LITEM OFFICE DURING CONSTRUCTION OF
THE NEW COURTHOUSE ANNEX BUILDING AT AN
ANNUAL COST NOT TO EXCEED $14,162.63, PROJECT
#525331 - LEASE RENEWAL IS ON A MONTH- TO-MONTH
BASIS FOR SPACE IN THE COURT PLAZA, NORTH OF THE
GOVERNMENT CENTER ON AIRPORT ROAD
Item #16Fl
BUDGET AMENDMENTS - ISLE OF CAPRI FIRE DISTRICT
(#09-142) AND GENERAL FUND (#09-143)
Item # 16F2
SOLE SOURCE PURCHASE OF 49 OPTICOMTM EMITTERS
FOR USE IN COUNTY EMERGENCY MEDICAL SERVICES
VEHICLES IN THE AMOUNT OF $87,465.00 - FROM
TRANSPORTATION CONTROL SYSTEMS OF TAMPA,
FLORIDA, GIVING EMS VEHICLES THE ABILITY TO
PREEMPT TRAFFIC SIGNALS ALLOWING FOR SAFE
PASSAGE OF EMERGENCY VEHICLES THROUGH TRAFFIC
LIGHTS AND FOR EFFECTIVE TRAFFIC MANAGEMENT
Item # 16F3
RESOLUTION 2009-18: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FY08-09 ADOPTED
BUDGET
Page 212
January 27,2009
Item #16F4
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR NCH HEAL THCARE SYSTEM FOR NON-EMERGENCY
AMBULANCE SERVICE AND APPROVE A BUDGET
AMENDMENT RECOGNIZING AND APPROPRIATING THE
$250 ANNUAL RENEWAL FEE - RENEWED ANNUALLY FOR
POST HOSPITAL INTRAFACILITY TRANSPORT
Item #16F5
BID #09-5156 TO STRYKER SALES CORPORATION FOR THE
PURCHASE OF 30 STAIR CHAIRS FOR EMERGENCY
MEDICAL SERVICES IN THE AMOUNT OF $59,493.00 - FOR
MOVING EMS PATIENTS ON STAIRS
Item #16Gl
SWEA T EQUITY GRANT AGREEMENT(S) BETWEEN THE
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY AND A GRANT APPLICANT(S) WITHIN THE
BA YSHORE GA TEW A Y TRIANGLE COMMUNITY
REDEVELOPMENT AREA (3180 CALEDONIA AVENUE) - IN
THE AMOUNT OF $837.32
Item #16G2
TWO GRANT AGREEMENTS WITH THE FLORIDA AIRPORTS
COUNCIL (F AC) IN THE AMOUNT $5,000 EACH, AND
APPROVE ALL NECESSARY BUDGET AMENDMENTS TO
PROVIDE WAGES, LIVING ASSISTANCE AND/OR
TRANSPORTATION EXPENSES FOR ONE INTERNSHIP
Page 213
January 27, 2009
PROGRAM FOR THE IMMOKALEE REGIONAL AIRPORT AND
ONE INTERNSHIP PROGRAM FOR THE MARCO ISLAND
EXECUTIVE AIRPORT DURING THE SPRING OF 2009. THESE
GRANTS DO NOT REQUIRE MATCHING FUNDS - FOR
STUDENTS INTERESTED IN PURSUING CAREERS IN
AIRPORT MANAGEMENT
Item #16Hl
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. COMMISSIONER ATTENDED THE US COAST
GUARD AUXILIARY CHANGE OF WATCH CEREMONY ON
JANUARY 16,2009 AT THE MARCO ISLAND YACHT CLUB
ON MARCO ISLAND, FL; $55.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT
1400 N. COLLIER BLVD.
Item # 16H2
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. COMMISSIONER WILL ATTEND THE MARCO
ISLAND HISTORICAL SOCIETY'S TIME CAPSULE AND
BEERIAL CEREMONY ON FEBRUARY 3, 2009 AT THE
MARCO ISLAND HISTORICAL SOCIETY MUSEUM'S
BUILDING SITE ON MARCO ISLAND, FL; $25.00 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET -
LOCATED AT 1264 MISTLETOE COURT, MARCO ISLAND
Item # 16H3
Page 214
January 27,2009
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. COMMISSIONER WILL ATTEND THE ECONOMIC
DEVELOPMENT COUNCIL'S PROJECT INNOVATION SERIES
ON JANUARY 8, 2009; JANUARY 15,2009; FEBRUARY 19,
2009; MARCH 19,2009; APRIL 16,2009; AND MAY 20,2009 AT
THE NAPLES BEACH HOTEL AND GOLF CLUB IN NAPLES,
FL; $200.00 TO BE PAID FROM COMMISSIONER FIALA'S
TRAVEL BUDGET - LOCATED AT 851 GULF SHORE
BOULEVARD NORTH
Item #16H4
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. COMMISSIONER WILL ATTEND BROADWAY IN
THE STACKS ON FEBRUARY 8, 2009 AT THE SOUTH
REGIONAL LIBRARY IN NAPLES, FL; $25.00 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET -
LOCATED AT 8065 LELY CULTURAL BOULEVARD
Item #16H5 - Continued from the January 13,2009 BCC Meeting
COMMISSIONER COLETTA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. COMMISSIONER COLETTA ATTENDED THE 2009
EVERGLADES COALITION CONFERENCE, JANUARY 9-11,
2009. $190.00 FOR CONFERENCE REGISTRATION FEE
(MEALS A-LA-CARTE); $190 FOR CONFERENCE TALKS
(INCLUDED MEALS); $454 FOR ACCOMMODATIONS
(INCLUDES $56 IN PARKING); AND $5.00 IN TOLLS
(ALLIGATOR ALLEY); FORA TOTAL OF $839.00 TO BE PAID
Page 215
January 27,2009
FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item # 1611
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 216
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
January 27, 2009
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Animal Services Advisorv Board:
Minutes of November 18, 2008.
2) Bavshore/Gatewav Triangle Local Redevelopment Advisorv Board:
Minutes of November 4, 2008.
3) Collier County Planning Commission:
Minutes of October 22,2008 wi Productivity Committee;
November 6, 2008 regular session.
4) Contractors Licensing Board:
Minutes of October 15,2008.
5) Immokalee Enterprise Zone Development Agency:
Agenda of December 17,2008.
Minutes of November 19,2008.
6) Immokalee Local Redevelopment Advisorv Board:
Agenda of December 17, 2008.
Minutes of November 19,2008.
7) Immokalee Master Plan and Visioning Committee:
Agenda of December 17,2008 joint meeting wi CRA.
Minutes of November 19,2008 joint meeting wi CRA.
8) Parks and Recreation Advisorv Board:
Minutes of November 19, 2008.
9) Pelican Bay Services Division Board:
Agenda of October 1,2008; November 5, 2008.
Minutes of October 1,2008; November 5, 2008.
10) Rural Lands Stewardship Area Review Committee:
Minutes of December I 1,2008.
January 27, 2009
Item #1611
DISBURSEMENTS FOR THE PERIOD OF JANUARY 03, 2009
THROUGH JANUARY 09, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item # 1612
DISBURSEMENTS FOR THE PERIOD OF JANUARY 10,2009
THROUGH JANUARY 16,2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16Kl
STAFF'S PROPOSAL TO (1) DENY MRS. CYNTHIA DENNIS
PRAY'S REQUEST THAT THE BOARD WAIVE THE FEDERAL
LOAN GRANTED TO HER BY COLLIER COUNTY HOUSING
AND HUMAN SERVICES, (2) SEND A WRITTEN DEMAND TO
RECOVER THE FUNDS, AND (3) NOT INITIATE LITIGATION
AGAINST MRS. PRAY - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item # 16K2
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$910,000 FOR PARCEL 115FEE IN THE LAWSUIT STYLED
COLLIER COUNTY V ROBBIE I. RAYBURN, ET. AI., CASE NO.
07-4268-CA (SANTA BARBARA BLVD. EXTENSION PROJECT
#60091 AND LEL Y AREA STORM WATER IMPROVEMENT
PROJECT #511011) (FISCAL IMPACT $122,200)
Page 217
January 27,2009
Item #17A
RESOLUTION 2009-19: PETITION AVESMT-2008-AR-13809, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN TWO DRAINAGE EASEMENTS
ORIGINALLY CREATED IN OFFICIAL RECORD BOOK 2130,
PAGES 1078-1081 AND SHOWN ON THE PLAT OF FIDDLER'S
CREEK PHASE FOUR, UNIT TWO, AS FILED IN PLAT BOOK
45, PAGES 40-47 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, SITUATED IN SECTION 11 & 14,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, THE VACATED EASEMENTS BEING MORE
SPECIFICALLY DEPICTED AND DESCRIBED IN EXHIBIT A
Item #17B
RESOLUTION 2009-20: PETITION A VPLAT-2008-AR-13888,
TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S
AND THE PUBLIC'S INTEREST IN THAT PORTION OF A 20
FOOT WIDE DRAINAGE ACCESS EASEMENT FOR
DRAINAGE MAINTENANCE OVER LOT 9, BLOCK B, SHOWN
ON THE RECORD MAP KNOWN AS PALM RIVER ESTATES
UNIT NO.7 AND FILED IN PLAT BOOK 12, PAGES 28
THROUGH 30 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, AND SITUATED IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, AND BEING MORE SPECIFICALLY DEPICTED
AND DESCRIBED IN EXHIBIT A
Item #17C
RESOLUTION 2009-21: VA-2008-AR-13601, OKEECHOBEE
Page 218
January 27,2009
INN, LTD, REPRESENTED BY GINA GREEN, P.E. OF GREEN
ENGINEERING, INC., IS REQUESTING A VARIANCE FROM
LDC SUBSECTION 4.02.27, SPECIFIC DESIGN STANDARDS
FOR THE IMMOKALEE-ST A TE ROAD 29A COMMERCIAL
OVERLAY SUBDISTRICT, TO PERMIT ACCESS TO STATE
ROAD 29 FOR A P ARCEL HAVING LESS THAN THE
MINIMUM 440-FOOT STREET FRONTAGE WIDTH. THE 9.04-
ACRE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE
OF STATE ROAD 29, JUST NORTH OF THE LAKE TRAFFORD
ROAD INTERSECTION, IN SECTION 32, TOWNSHIP 46
SOUTH, RANGE 29 EAST, IMMOKALEE, FLORIDA. (CTS)
Item #17D
RESOLUTION 2009-22: CU-2008-AR-13639, CORPORATION OF
PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS, REPRESENTED BY ALAN BREWER
OF REYNOLDS, SMITH AND HILLS, IS REQUESTING A
CONDITIONAL USE FOR A CHURCH IN THE RESIDENTIAL
SINGLE-FAMIL Y (RSF-3) ZONING DISTRICT, AS SPECIFIED
IN SECTION 2.03.02.A.l.C.2 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) THE 4.63-ACRE SUBJECT
PROPERTY IS LOCATED AT 4935 23RD COURT SW IN
SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST OF
COLLIER COUNTY, FLORIDA. (CTS)
Item #17E
RESOLUTION 2009-23: SV-2006-AR-I0482, SEASONAL
INVESTMENTS, INC. D/B/A FAIRWAYS RESORT,
REPRESENTED BY TIM HANCOCK, AICP OF DAVIDSON
ENGINEERING, INC., IS REQUESTING FIVE VARIANCES FOR
Page 219
January 27,2009
AN OFF-PREMISES SIGN. THE FIRST VARIANCE IS FROM
SUBSECTION 5.06.04.C.16.B.I. OF THE LDC WHICH ALLOWS
A MAXIMUM SIGN AREA OF 12 SQUARE FEET FOR A
DOUBLE-SIDED OFF-PREMISE DIRECTIONAL SIGN TO
PERMIT AN 80 SQUARE-FOOT OFF-PREMISE SIGN. THE
SECOND VARIANCE IS FROM SUBSECTION 5.06.04.C.16.B.II.
OF THE LDC WHICH ALLOWS A MAXIMUM SIGN HEIGHT
OF 8 FEET IN HEIGHT ABOVE THE LOWEST CENTER GRADE
OF THE ARTERIAL ROADWAY FOR AN OFF-PREMISE
DIRECTIONAL SIGN TO ALLOW A MAXIMUM SIGN HEIGHT
OF 20 FEET. THE THIRD VARIANCE IS FROM SUBSECTION
5.06.04.C.16.BJII. OF THE LDC WHICH REQUIRES THAT A
SIGN IS LOCATED NO CLOSER THAN TEN FEET TO ANY
PROPERTY LINE TO ALLOW A SIGN WITHIN ZERO FEET OF
A PROPERTY LINE. THE FOURTH VARIANCE IS FROM
SUBSECTION 5.06.06.Z. OF THE LDC WHICH PROHIBITS ANY
SIGN WHICH PUBLICIZES AN ACTIVITY NOT CONDUCTED
ON THE PREMISES UPON WHICH THE SIGN IS MAINTAINED
TO ALLOW AN OFF-PREMISES SIGN. THE FIFTH VARIANCE
IS FROM SUBSECTION 5.06.06.AA. OF THE LDC WHICH
REQUIRES THAT NO SIGN SHALL BE PLACED OR
PERMITTED AS A PRINCIPAL USE ON ANY PROPERTY, IN
ANY ZONING DISTRICT. THE SUBJECT PROPERTY IS
LOCATED AT THE SOUTHWEST CORNER OF PIPER
BOULEVARD AND PALM RIVER BOULEVARD, IN SECTION
23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA. (CTS)
Item #17F
RESOLUTION 2009-24: CU-2008-AR-13391, BISHOP FRANK J.
DEW ANE, DIOCESE OF VENICE, REPRESENTED BY
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January 27,2009
MARGARET PERRY, AICP, OF WILSONMILLER, INC., AND
BRUCE ANDERSON, ESQUIRE, OF ROETZEL & ANDRESS IS
REQUESTING A CONDITIONAL USE EXPANSION IN THE
RESIDENTIAL MULTI-FAMILY (RMF-12) ZONING DISTRICT
PURSUANT TO COLLIER COUNTY LAND DEVELOPMENT
CODE SUBSECTION 2.03.02.C.l.C. THE PROPOSED
CONDITIONAL USE WILL SUPPLEMENT THE EXISTING
RESOLUTION NUMBERS 98-173 AND 04-220 BY ADDING
FOUR (4) LOTS TO BE USED FOR CHURCH AND SCHOOL
RELATED USES INCLUDING BUT NOT LIMITED TO A
CHAPEL, CHURCH/SCHOOL RELATED OFFICES, RELIGIOUS
GOODS STORE (NOT TO EXCEED TWO THOUSAND (2000)
SQUARE FEET), PRIESTS RESIDENCES, AND PARKING FOR
CHURCH AND SCHOOL USES. THE SUBJECT PROPERTY IS
LOCATED AT 5280 28TH AVENUE S.W. AND 2780 52ND
TERRACE SW, IN SECTION 28, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (CTS)
Page 221
RECEIVED
FEB 1 7 2009
January 27,2009
Board 01 County Commissionets
*****
There being no further business for the good of the County, the
meeting was adjourned by order ofthe Chair at 4:16 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
/L~- dA4.
DONNA FIALA, Chairman
ATTEST:
DWIGH;FE': 13R.Q<;:K, CLERK
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These minutes approved by the Board on ifl iftt I dD(f1 , as
presented V or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 222